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HomeMy WebLinkAboutMinutes 19910 PRESENT: A85 STAFF: CABLEVISION: OTHERS PRESENT: PRESIDING: CALL TO ORDER DRAFT - NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION January 15, 1991 7:30 P.M. Mark Dziatkiewicz, Robert Gordon, Marlo McAllister, Don Sampen, Ruth Smalley, Susan Tash David Haworth Vincent Adamus, Ellen Szymanski Willie Edmundson, Tony Ruopoli, Irene McPhail Frank Sternberg, President, ECTV and Ross Rowe, Executive Director, ECTV Don Sampen, Chair The meeting was called to order at 7:32 p.m. MINUTES The minutes of the meeting of December 18, 1990 were unanimously approved as submitted. Mr. Sternberg introduced Mr. Ross Rowe, the new Executive Director of Evanston Community Television, (ECTV) noting that his creditentials were very impressive and that he had a miriad of experience in cable public access including work at Ann Arbor and East Lansing, Michigan. Mr. Rowe stated he was glad to be working in Evanston; that he had been to the City before and was happy to be working at ECTV. He invited the Commissioners to come by anytime to ECTV. The Commissioners welcomed Mr. Rowe to Evanston. Staff informed the Commission that Sally Roethle, previous staff liaison to the Commission, was resigning from the City as of April 1, 1991. Staff noted that Sally had been with the City for 14 years and had been the staff liaison to the Commission for approximately six years. The Commission expressed its surprise and dismay to see tfis. Roethle leaving the City. Ms. McAllister suggested that the Commission do something to recognize Ms. Roethle's contribution to the Commission; for example, presenting her with a piacque. Ms. Smalley was appointed to coordinate obtaining a piacque with staff. PRESBYTERIAN HOMES/NORTHWESTERN UNIVERSITY FRANCHISE ISSUES Chair Sampen noted that the Commission received a memo today from the City's legal counsel regarding this issue. He stated that he did not wish to waive the attorney/client priviledge in this matter. He wished the Commission to CABLE COMMUNICATIONS COMMISSION Minutes of 1/15/91 . . . Page 2 go into executive session to discuss this matter. Regarding the Open Meetings Act the exemption cited was for the advanced counsultation with legal counsel to the Commission in matters regarding impending litigation. Ms. McAllister moved, seconded by Ms. Tash to go into executive session. Staff called a roll call vote with the results as follows: Sampen, yes; Dziatkiewicz, yes; McAllister, yes; Gordon, yes; Tash, yes; Smalley .yes. Staff announced that a quorum was present and that the majority of that quorum had voted to go into executive session. The Commission went into executive session at 7:45 p.m. The Commission reconvened into open session at 8:30 p.m. Chair Sampen questioned Ms. McPhail regarding the signal to the McManus Learning Center, how the signal is pared down and who is doing the paring down, whether it be Cablevision or Northwestern and how the conversion is made. Ms. McPhail stated that she was not familiar enough with the technical details to know where or how the signal was pared down. She noted, however, that Cablevision does provide the equipment necessary to do the paring down. Chair Sampen requested Ms. McPhail to provide a letter to staff describing, in as much detail as possible, how the service is pared down, utilizing which equipment, and where exactly that equipment is located. Chair Sampen questioned what the specific arrangement was between Cablevision and Northwestern University. Now was the arrangement negotiated and how was the lower level of service initiated. In reply Ms. McPhail stated that the process was initiated through a phone call between herself, and Peter Tyor and President Ihlanfeldt, of Northwestern University. She stated that Mr. Ruopoli then took up the negotiations with Pat Todus of Northwestern University Technologies Group. The Commission asked who was the first party to suggest a service consisting of less than the full basic tier. Ms. McPaail stated that Cablevision goes into the negotiations with a full freight deal, saying that it is in Cablevision's interest to get the largest package possible with each customer. The Commission requested ' the aforementioned letter be sent to staff as soon as possible so that City legal counsel would have a chance to review it. LETTER FROM RICHARD PHILLIPS, SUBSCRIBER Mr. Adamus noted that he had spoken with Mr. Phillips earlier in the day and that Mr. Phillips is satisfied with the response given to him by Cablevision, namely one month's free service and a written apology. Staff clarified that Cablevision needed to go to Mr. Phillips' home four times because the installers did not bring a required 40 foot ladder to reach his third floor unit. ` LETTER FROM L. J. SKLENAR, SUBSCRIBER Mr. Adamus noted that the packet contained a response from Ms. McPahil to Mr. Sklenar, noting that he had just received the letter today. In earlier conversations with a woman at Mr. Sklenar's phone number, the woman was unsure as to whether or not Cablevision had responded or not. Ms. McPhail CABLE COMMUNICATIONS COMMISSION Minutes of 1/15/91 . . Page 3 noted that since her letter was dated January 14th, the Sklenar residence probably had not received the response yet. Ms. McPhail noted that Mr. Ruopoli was looking into the problems mentioned in the letter by Mr. Sklenar, namely the promotion regarding discount rates for request TV movies. ARNOLD b PORTER CABLE RECU(A,fION UPDATES Mr. Adamus noted these updates are received without solicitation on staff's part and that there is no cost for these updates. Staff noted that one update is regarding potential action by the FCC regarding the standards by which a cable company could be regulated by a municipality. The other update, also by Arnold and Porter regards action that has been taken by the FCC which clarifies what types of video distribution systems could be regulated by a municipality as a "cable system." CONSUMER SERVICES Regarding City complaints, it was noted that number 287 as shown on the complaint report was resolved. Of the remaining three complaints from December, it was noted that number 288, a complaint about the Cablevision rate increase, could have no definite resolution. Ms. McPhail noted, however, that she responds to these complaints with a written letter. Regarding number 289, the Commission questioned why the wire at that building had not been installed underground for over two years. Mr. Edmundson noted that his office had just learned about the situation in December and agreed that two years was certainly a long time for this situation to be unresolved. It was clarified by staff that complaint number 290 was not the same as Mr. Phillips complaint. Ms. McPhail noted that regarding complaint number 289, Cablevision may have to wait until the ground thaws in the spring to install the cable underground. Regarding Cablevision complaint reports passed out at the meeting, the Commission commended Cablevision on the high number of customers, amounting to 9,188 as of December 31st. It was noted that Northwestern University service to McManus Center was counted as one customer. Ms. McPhail noted that the number of complaints for the calendar year 1990 was at an all time low. Regarding the Monthly Construction Update, Mr. Edmundson noted that the only change was that 41 units in total had been released to sales during September consisting of 2040 Brown - 33 units and 927-29 Hinman - 8 units. Ms. Smalley questioned whether the residential property going up at the old Aparacor site was being wired for -cable service. Mr. Edmundson responded affirmatively. Ms. McPhail noted that she will be sending a letter to the City regarding relocation of Cablevision staff. She stated that Cablevision and Sports Channel, their sister company, are growing within their current facilities. Ms. McPhail and her support staff, and the programming staff will be moving to the old Marshall Field's building in Oak Park located at Lake and Harlem Avenues. She noted, however, that the move would be "invisible" in that her mailing address and phone number would still remain the same. . . . CABLE COMMUNICATIONS COMMISSION Minutes of 1/15/91 . . . Page 4 The Commission noted that staff had researched the issue of whether or not Cablevision had filed rates for non-residential subscriberts. Staff had determined, through_a search of City records, that these rates had not been previously filed with the City. Chair Sampen questioned Ms. McPhail whether or not there were any other rates for Cablevision to file such as the Northwestern University rates. He stated that the Franchise Agreement seems to require that these rates would also need to be filed, Ms. McPhail stated that the rates for Northwestern University were negotiated and, as such, were non-standard rates, and questioned whether or not the Franchise Agreement would require non-standard or negotiated rates to be filed with the City. Mr. Sampen stated that he believed the Franchise Agreement required Cablevision to notify the City of all rates, negotiated or not. Ms. McPhail stated that she does not want everyone else to know what rates are offered to various institutions or subscribers and felt that this information may be proprietary. She questioned whether or not the City could keep the information confidential if it was determieed, that Cablevision was required to file these non-standard rates. Mr. Sampen stated that this could be looked into. The Commission adjourned at 9:15 p.m. The next regularly scheduled meeting is Tuesday, February 19, 1991. r Vincent Adamus r STAFF: 2BLEVISION: OTHERS PRESENT PRESID NG: �.� 4A 1- TO ORDER DRAFT - NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION February 19, 1991 7:30 P.M. Room 2401 Mark Dziatkiewicz, Robert Gordon, David Haworth, Marlo McAllister, Don Sampen, Ruth Smalley, Susan Tash Vincent Adamus Willie Edmundson, Tony Ruopoli Ross Rowe, Executive Director, ECTV Don Sampen, Chair The meeting was called to order at 7:32 p.m. MINUTES The minutes of the meeting of January IS, 1991 were unanimously approved as submitted. COMMUNICATIONS Presbyterian Homes/Northwestern University Issues The Commission decided to take up this issue at the end of the meeting. NATOA Action Alert Staff noted that in the current year HATOA was planning to be more active in the area of cable re -regulation, especially at the federal level. NATOA had, in fact, raised its membership fees to allow for the additional hiring of staff that would further this goal. The particular Action Alert in question represented an attempt to get a united front from the three groups sponsoring the Alert; namely the National League of Cities, the U.S. Conference of Mayors, and the National Association of Counties. Staff noted that some of the issues mentioned in the sample letter do coincide with Commission goals established in late 1989. Staff also noted that should the Commission recommend Council approval of the sample letter, staff could prepare the letter for the Council meeting on March 11th. Mr. Dziatkiewicz noted that the issues in the Action Alert were sufficiently bland that it would not be particularly harmful to any one particular group. It was noted that there was not anything particularly objectionable in the attached materials, and that the CABLE COMMUNICATIONS COMMISSION Minutes of 2/19/91 . . . Page 3 Cablevision. In response to Commission questions, Mr. Ruopoli stated that Cablevision had not been officially approached by CNN and Cablevision does not have a response as to whether or not they would support the surcharge. He noted, however, that if it is a voluntary surcharge Cablevision would probably not pay it. Ms. Smalley noted that it may be a voluntary surcharge for the cable operator but if the operator accepts it, it would not be a voluntary charge to the subscriber. Freder ref GUrry COmplaipt letter Mr. Sampen noted he had been given a copy of this complaint letter by Ald. Nold. In the letter Mr. Curry complained about rate increases, particularly for basic service which had increased from $4.95 at the outset of cable service in Evanston. Mr. Curry felt these increases were counterproductive and were potentially an example of "bait and switch" marketing techniques. Mr. Sampen noted that the setting of cable rates was beyond the powers of the Commission, but felt it was important to note the receipt of such letters. Mr. Ruopoli noted that Irene McPhail herself, or at times Dina April, responds to all of these letters written by customers. He noted that no one likes rate increases and the letters attempt to explain to the customers the necessity of the increases. CITY CUSTOMER COMPLAINT REPORT Mr. Edmundson noted that of the current complaints only one, #293, had not been resolved. This problem regarded a video noise problem. Mr. Edmundson noted that Cablevision is still working on that complaint. Mr. Edmundson noted that none of the past pending complaints on page two of the report had been resolved since the packet was sent out. He expressed hope that complaint #236 would be resolved this coming spring. He stated that #236 and 0242 both involved the same complex of homes, and that Cablevision has for some time been attempting to get Rights of Entry from all of the townhome owners. Responding to Commission questions, he noted that 16 Rights of Entry had been gained out of the 24 units total on the property. The Commission questioned Cablevision representatives on the status of the Schermerhorn lawsuit. Mr. Edmundson noted that one Schermerhorn building has been wired, and that Cablevision's relationship with Mr. Schermerhorn is improving. Mr. Ruopoli noted they are currently discussing the wiring of a second Schermerhorn building. The Commission formally requested an update on the status of Cablevision's lawsuit with Schermerhorn. The Cablevision report on Consumer Complaints was accepted without comment by the Commission. HENRY HAMMEL JR. MEMORIAL GRANT PROGRAM Mr. Rowe was given a brief introduction to the Henry Hammel, Jr. Memorial Grant Program. VITAL REBBRQ BANK The preceding document has been re- photographed to assure legibility and its image appears immediately hereafter. VRB 104 DRAFT - NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION February 19, 1991 7:30 P.M. Room 2401 PRESENT: Mark Oziatkiewicz, Robert Gordon, David Haworth, Marlo McAllister, Don Sampen, Ruth Smalley, Susan Tash STAFF: Vincent Adamus iA .�,EVISION: Willie Edmundson, Tony Ruopoli OTHERS Ross Rowe, Executive Director, ECTV PRESENT: PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:32 p.m. MINUTES The minutes of the meeting of January 15, 1991 were unanimously approved as submitted. COMMUNICATIONS Presbyterian Homes/Northwestern University Issues The Commission decided to take up this issue at the end of the meeting. NATOA Action Alert Staff noted that in the current year NATOA was planning to be more active in the area of cable re -regulation, especially at the federal level. NATOA had, in fact, raised its membership fees to allow for the additional hiring of staff that would further this goal. The particular Action Alert in question represented an attempt to get a united front from the three groups sponsoring the Alert; namely the National League of Cities, the U.S. Conference of Mayors, and the National Association of Counties. Staff noted that some of the issues mentioned in the sample letter do coincide with Commission goals established in late 1989. Staff also noted that should the Commissi0n recommend Council approval of the sample letter, staff could prepare the letter for the Council meeting on March I1th. Mr. Dziatkiewicz noted that the issues in the Action Alert were sufficiently bland that it would not be particularly harmful to any one particular group. It was noted that there was not anything particularly objectionable in the attached materials, and that the CABLE COMMUNICATIONS COMMISSION Minutes of 2/19/91 . . . Page 2 Commission should endorse it. In response to Commission questions, Mr. Ruopoli stated he felt the proposed letter was not specific enough for Cablevision to respond to, and that the stipulations in the letter were rather vague. The Commission voted unanimously to recommend City Council endorsement of the attached sample letter to the National League of Cities regarding new legislation. J�TV Monthly Report - Ross RQY& The Commission complemented Mr. Rowe on putting together the report which contained various information about ECTV's activities for the month. Ms. McAllister noted she had attended a recent Penny Park party at ECTV and noticed that the video put together by the Levy Center group regarding Penny Park had been entered into a competition. She questioned Mr. Rowe about the video's success. Mr. Rowe stated he was not familiar with that particular video; that the video had been produced prior to his arrival at ECTV. In response to Commission questions, Mr. Rowe clarified that imported programs were programs that were not produced in ECTV studios, but elsewhere by political or other groups that were affiliated with Evanston as non-profit entities. Mr. Rowe noted that the Levy Center seniors do a lot of work at ECTV and noted they have a program called LCTV NEWS. Levy Center's Camcorder Club goes to many different types of events and puts together programs on these events. Regarding fundraising Mr. Rowe noted ECTV was hoping to get full strength on its Board of Directors before jumping full fledged into fundraising, but they were already looking at possible activities. Mr. Rowe noted that ECTV's annual meeting is on Thursday, March 28th at 7:30 p.m. Among other topics and issues to be discussed would be the election of Board members for the next year. ECTV Listings in Monthly Cable Guide Staff noted that ECTV had been promised that a listing of their programming would appear in the February Cable Guide but the guide had been published without said listing. Mr. Ruopoli noted that Cablevision sincerely regretted the exclusion and that they are currently looking at other ways to produce the Cable Guide. Cablevision had been promised by the publisher that ECTV listings would be in the February guide. Mr. Ruopoli expected the information to be in the March Cable Guide. CNN Request for Surcharge Staff noted that CNN had been requesting a 7d voluntary surcharge per subscriber, per month from cable operators to help defer CNN's cost of covering the Persian Gulf War. Staff noted that since publication of the article, CNN's request had gone down to 5t per subscriber, per month. As a reference point, staff noted that CNN's usual charge per subscriber, per month, was 32t undiscounted, and noted that Cablevision's cost was probably discounted from the 32t figure. The Commission noted that certainly, CNN's advertising rates had been increased to cover CNN's costs in the Gulf War and questioned the need for such a surcharge. Staff noted his concern that the incidence of the surcharge would fall on Evanston subscribers rather than CABLE COMMUNICATIONS COMMISSION Minutes of 2/19/91 . . . Page 3 Cablevision. In response to Commission questions, Mr. Ruopoli stated that Cablevision had not been officially approached by CNN and Cablevision does not have a response as to whether or not they would support the surcharge. He noted, however, that if it is a voluntary surcharge Cablevision would probably not pay it. Ms. Smalley noted that it may be a voluntary surcharge for the cable operator but if the operator accepts it, it would not be a voluntary charge to the subscriber. Frederick Curry Cmmnlaint Letter Mr. Sampen noted he had been given a copy of this complaint letter by Ald. Wold. In the letter Mr. Curry complained about rate increases, particularly for basic service which had increased from $4.95 at the outset of cable service in Evanston. Mr. Curry felt these increases were counterproductive and were potentially an example of "bait and switch" marketing techniques. Mr. Sampen noted that the setting of cable rates was beyond the powers of the Commission, but felt it was important to note the receipt of such letters. Mr. Ruopoli noted that Irene McPhail herself, or at times Dina April, responds to all of these letters written by customers. He noted that no one likes rate increases and the letters attempt to explain to the customers the necessity of the increases. CITY CUSTOMER COMPLAINT REPORT Mr. Edmundson noted that of the current complaints only one, #293, had not been resolved. This problem regarded a video noise problem. Mr. Edmundson noted that Cablevision is still working on that complaint. Mr. Edmundson noted that none of the past pending complaints on page two of the report had been resolved since the packet was sent out. He expressed hope that complaint #236 would be resolved this coming spring. He stated that #236 and #242 both involved the same complex of homes, and that Cablevision has for some time been attempting to get Rights of Entry from all of the townhome owners. Responding to Commission questions, he noted that 16 Rights of Entry had been gained out of the 24 units total on the property. The Commission questioned Cablevision representatives on the status of the Schermerhorn lawsuit. Mr. Edmundson noted that one Schermerhorn building has been wired, and that Cablevision's relationship with Mr. Schermerhorn is improving. Mr. Ruopoli noted they are currently discussing the wiring of a second Schermerhorn building. The Commission formally requested an update on the status of Cablevision's lawsuit with Schermerhorn. The Cablevision report on Consumer Complaints was accepted without comment by the Commission. HENRY HAMMEL JR. MEMORIAL GRANT PROGRAM Mr. Rowe was given a brief introduction to the Henry Hammel, Jr. Memorial Grant Program. CABLE COMMUNICATIONS COMMISSION Minutes of 2/19/91 . . . Page 4 APARTMENT-CN5TRUCTIQN LIST The Commission accepted the Apartment Construction List updates and the Cablevision Monthly Construction Report of January 1991, noting that the subscribership base was still increasing at what appeared to be a good rate. At this point, the Commission moved and approved a motion to .go into Executive Session for the purpose of discussion of matters regarding pending litigation. The Commission entered into Executive Session at 8:07 p.m. The Commission reconvened into open session at 8:54 p.m. and the meeting was immediately adjourned. The next regularly scheduled meeting of the Commission is Tuesday, March 19, 199I. r ncent Adam -us I PRESENT: STAFF: CABL VISION: OTHERS PRESENT: PRESIDING: �W TO ORDER DRAFT - ULAPPROVED Minutes CABLE COMMUNICATIONS COMMISSION March I9, 1991 7:30 P.M. Room 2401 Robert Gordon, Marlo McAllister, Don Sampen, Susan Tash Vincent Adamus Willie Edmundson, Irene McPhail Jeff Berkwits, ECTV; Dan Garrison Don Sampen, Chair The meeting was called to order at 7:38 p.m. MINUTES The minutes of the meeting of February 19, 1991 were unanimously approved as submitted. VIP.]4USE Dan Garrison spoke. He stated he had been a subscriber but dropped cable when he found out his cable service was not compatible with the channel changing device from his cable ready television set. He found that he must purchase or rent a remote control device for cable service and the television dealer he spoke with could not understand why he needed to do that. He felt, as described in his letters to Don Sampen and Vincent Adamus, that this violated Franchise Agreement Section 18B which concerns Cablevision's operation of the system in accordance with the highest standards of the art of cable communications. Mr. Garrison felt he should be able to use his own remote control device to manipulate the cable television service. In response, Ms. McPhail noted she had sent a letter on March 18th to Mr. Garrison. She also apologized for her delay in responding to him. She noted that remote controls are necessary in some instances but not in others. If a subscriber has basic service only, no Cablevision remote control is necessary with a cable ready television. However, since premium channels are sent through the system scrambled, if a subscriber has premium services then a converter box is necessary to decode the incoming premium signal and, therefore, Cablevision's remote control is necessary to operate Cablevision's converter box. Chair Sampen stated that the Commission would like to hear from Mr. Garrison further if, upon receipt of Ms. McPhail's letter, he is still not satisfied with the situation. Mr. Garrison should get in touch with staff and staff will advise Mr. Garrison CABLE COMMUNICATIONS COMMISSION Minutes of 3/19/91 . . . Page 2 when the public hearing on the performance review would be held. Mr. Garrison stated he had spoken with Cablevision personnel in Evanston who had told him that what Ms. McPhail had said was not the case; that a remote control was necessary from Cablevision in either case. Ms. McPhail noted that with the presence of Mr. Edmundson the Evanston office is notified that the wrong information had been given out. Mr. Gordon questioned whether or not technically a subscriber could get premium services without a converter box. Ms. McPhail explained Cablevision's system in which the basic service is sent out unscrambled and, therefore, receivable by a cable ready television set, but in Cablevision's system the premium services could not be received unscrambled without a converter box. Ms. McPhail also discussed other possibilities of insuring that only paying customers get cable service. For example, traps which are put on at the point ❑f the cable drop which must either (a) be activated to allow the signal to pass through or (b) is designed to allow only certain types of signals through to the subscriber's home. She also noted that new technology is emerging in the field of interdiction whereby the control apparatus is placed on the side of a subscriber's house and that all traps, mechanical or electrical, are placed inside that box. Ms. McPhail noted that Cablevision's system of utilizing addressable converter boxes is best because service can be altered, added or discontinued from the main office over the cable lines themselves. This saves money by not having to send a crew out to make adjustments in service when the customer requests them. COMMUNICATIONS ECTV Monthly Reoort The Commission accepted this report stating it was very informative. ECTV Listinas in Monthly Cable Guide Ms. McPhail stated her frustration with the current cable guide vendor noting they have had consistent problems over a six month period with the vendor. Cablevision is pursuing alternate means of producing the cable guide. Ms. McPhail noted that Cablevision had looked at the utility of the monthly guide noting that inquiries had increased from subscribers regarding the waste of paper on the cable guide, since no one was using the guide. Cablevision had performed a study and found that very few of their subscribers do indeed use the cable guide publications. She noted that whereas in the past there were no alternatives, now there were, including TV Guide, newspaper listings, etc. Referring to the letter passed out to the Commission that evening, Ms. McPhail noted that these were the reasons for Cablevision's new idea to offer the Cable Guide as voluntary only on the part of the subscribers. Ms. McPhail noted her concern that if the Cable Guide is not utilized as a resource by all of the subscribers, how would Cablevision promote ECTV and other Evanston issues. She noted that she was considering working with ECTV to discuss new ways of promoting that organization. One option would be to advertise in the Evanston Review, noting that the Evanston Review is subscribed to by approximately twice as many people as subscribe to Cablevision in Evanston. Mr. Sampen noted that per Ross 1+ i CABLE COMMUNICATIONS COMMISSION Minutes of 3/19/91 . . . Page 3 Rowe's letter to Ms. McPhail, Cablevision should look at sending a copy of ECTV's program listings as an insert in the monthly cable bill. He questioned whether or not ECTV's listing will show up in the next Cable Guide. Ms. McPhail stated that she hoped so, but that the Cable Guide's credibility was so low that she could not guarantee it. Ms. McAllister noted that subscribers to the Evanston Review would not necessarily be cable subscribers and that all such cable subscribers may not be reached by such a campaign. Mr. Sampen stated he liked the suggestion of Cablevision sitting down with ECTV to work out a mutually acceptable promotional campaign. Mr. Berkwits questioned whether there was some short term alternative to the Cable Guide. Ms. McPhail stated that unfortunately, Cablevision has a five year agreement with the Cable Guide's vendor. She stated the agreement does not stipulate, however, a minimum number of subscribers per system that must receive the guide and therefore, Cablevision could pass out the guide on a voluntary basis as they are proposing. Mr. Gordon suggested that Cablevision include a channel listing and pay -per -view information on any mailings that are sent out regarding ECTV programming. Staff was instructed to insert the Cable Guide and ECTV listings as an agenda item for the April meeting of the Commission. Ms. Tash questioned whether subscribers would pay for any of the new promotional materials. Ms. McPhail stated yes they would indirectly, just like any other costs that Cablevision bears. Franghise Fees Staff noted the current payment was $91,000 for the second six month period of calendar year 1990. In response to Commission questions Ms. McPhail noted that approximately 65% of their subscribers have at least one premium channel. She noted that percentage had been higher in the past, but that basic service alone is more attractive now as it has more channels/services. McPhail Letter regardinq NATOA Action Alert/flew Action Alert Regarding Ms. McPhail's letter protesting the Commission's support of the National league of Cities' form letter regarding Cable reregulation, Mr. Sampen stated that Mr. Ruopoli, at the February meeting, had thought the letter was not specific enough for Cablevision to have a problem with. Mr. Sampen stated that the Commission is not trying to be subversive towards Cablevision in any way, and that the Commission welcomed Cablevision's input on these issues. This is why Cablevision representatives are consistently given packet information before the meetings. Ms. McPhail allowed that, but stated that the tone of the letter bothered her; granted it was a form letter, but in the second paragraph the term "countless complaints" appeared; she felt this did not apply to Cablevision's experience in Evanston. Mr. Sampen stated the Commission did not think it was a particularly hostile letter when they approved it. Staff noted the Council had already approved the letter and that the Mayor had signed it and subsequently, the letter had been sent out to the National league of Cities. Djscussion of Commission 1990 Annual Reoort The Commission decided upon May 21st as the public hearing for ECTV's annual report noting that the compilation of the Commission annual report usually waits until after the public hearing for ECTV. Regarding CABLE COMMUNICATIONS COMMISSION Minutes of 3/19/91 . . . Page 4 the performance evaluation which was to instructed to work up a questionnaire for th April meeting. This questionnaire will Cablevision to respond to regarding potentia franchise. O TY REPORT ON CONSUMER COMPLAINTS, FEBRUARY LM e occur in 1991, staff was Commission's review at the provide questions. for 1 performance issues of the Regarding complaint number 296, the Commission expressed its dismay that the disabled customer had been addressed in such a disrespectful manner. Mr. Edmundson stated that the attempt on the Cablevision staff person's part was to explain the need for a letter from the customer that would verify that she was disabled. Regarding complaint number 293, Mr. Edmundson noted that a service technician was out to the subscriber's home the day of the Commission meeting, but that Mr. Edmundson did not yet know the results of the visit. CABLEVISION REPORT ON CONSUMER COMPLAINTS This item was accepted by the Commission without comment. GARRETT SEMINARY RECUE$T FOR CABLE SERVICE Ms. McPhail noted that staff had faxed a copy of Garrett Seminary's request for cable service to her and that Cablevision was in the process of surveying Garrett's property to determine how cable service could be provided. She noted that Cablevision would have more information on this during the next couple of weeks. Staff was instructed to put this item on the agenda for the April meeting. CAMVISION UPDATE REGARDING SCHERMERHORN LAWSUIT Ms. McPhail noted that Cablevision had not dropped the suit against Schermerhorn, but that the suit was dormant. She noted that Cablevision is making progress with Schermerhorn at this point, and that they are working on providing service to other Schermerhorn buildings. She noted that Cablevision may settle the lawsuit with Schermerhorn in the future with the stipulation of Schermerhorn's giving Cablevision their full cooperation in the future for cable service to multifamily buildings. CABLEVISION MONTHLY CONSTRUCTION REPORT This report was accepted by the Commission without comment. G N RAL DISCUSSION Ms. McPhail noted that Dina April, Cablevision's Public Affairs Manager, is expecting a child in April and will not be returning to Cablevision after delivery as she is looking forward to being a full-time mother. The Commission wished Ms. April luck and also wished Ms. McPhail luck in finding a replacement for Dina April. I a CABLE COMMUNICATIONS COMMISSION t It Minutes of 3/19/91 . . . Page 5 The Commission voted and unanimously approved to go into executive session at 8:45 p.m. for the purpose of discussion of matters regarding pending litigation. The Commission reconvened into open session at 9:20 p.m. and immediately adjourned. The next regularly scheduled meeting of the Cable Communications Commission is April 16, 1991. Vincent Adamus I PRESENT: ABSI STAFF: CABL VISION: OTHERS PRESENT: PRESIDING: DRAFT - NOLAP1 PROVED Minutes CABLE COMMUNICATIONS COMMISSION April 23, 1991 7:30 P.M. Room 2401 Robert Gordon, Marlo McAllister, Don Sampen, Susan Tash, Mark Dziatkiewicz, Dave Haworth Ruth Smalley Vincent Adamus Willie Edmundson, Irene McPhail Steve Garnett, ECTV Don Sampen, Chair The meeting was called to order at 7:35 p.m. MINUTES The minutes of the meeting of March 19, 1991 were unanimously approved as submitted. PUBLIC COMMENT At this time the Commission discussed the ECTV March 1991 Director's Report which was passed out at the meeting. Mr. Garnett noted that Ross Rowe, who would be on vacation for another two weeks, had stated that the annual report was ready. Mr. Garnett noted that the 32 hour figure of new in-house programming was an average figure. Staff noted he would be meeting with Jane Rothschild, one of the new board members, and Ross Rowe on May 9, 1991 regarding ECTV. Ms. Rothschild has a legal background and is interested in the franchise agreement with particular respect to ECTV. COMMUNICATIONS Cable Guide The Commission noted that ECTV was now being advertised in the Evanston Review. Staff noted in his previous conversation with Ms. McPhail that vs. McPhail stated the advertisement is part of a deal that Cablevision was able to work out with the owners of Pioneer Press, and she stated CABLE COMMUNICATIONS COMMISSION Minutes of 4/23/91 . . . Page 2 the cost was not great for advertisement of Evanston cable. Staff noted he had expressed the Commission's concerns that the cost of this advertising not be exorbitant because the incidence of this advertisement would eventually fall upon the cable consumer. Staff thought this advertisement ran twice per month but was not sure. In regards to Cablevision's plan to send out the Cable Guide to subscribers that request it, Ms. Tash questioned whether or not Cablevision, at some point down the road, would decide that they are having so few of the Cable Guides printed that it would not be in their interest to print them at all. Mr. Sampen noted that as pointed out in staff's memo, Section 28 of the franchise agreement requires Cablevision to provide a written program guide to subscribers. The Commission felt that changing the distribution to a demand only distribution was acceptable as long as subscribers could still receive the Cable Guide if they requested it. Mr. Gordon questioned whether or not the channel lineup would be mailed to all subscribers, noting that if subscribers did not receive the Cable Guide they would not have the channel directory. He also questioned how Cablevision will advertise for events such as pay -per -view. Mr. Edmundson stated that all these details had not been worked out yet at Cablevision. The Commission also reiterated its interest that ECTV program listings not be dropped from the Cable Guide even though ECTV is now being advertised in the local newspaper. Staff offered to write a letter on behalf of the Commission to Ms. McPhail reiterating the Commission's concerns regarding the following: (1) subscribers still have some way to have a channel listing; (2) ECTV programs still be listed in the Cable Guide; (3) customers still may call in any time past June and start receiving the Cable Guide, even though they had not asked for it previously and; (4) that Cablevision occasionally notify subscribers that they have the option to receive a free program guide. With these conditions the Commission endorses the switch in Cable Guide policy. Mr. Edmundson noted that customers can still call into Cablevision after June and be put on the list for receiving a Cable Guide. ECTV Annual Reoort Although not on the agenda, the Commission discussed this report which was originally scheduled to be discussed by the Commission at the April meeting. Since the report was not available, the Commission discussed whether or not the public hearing on ECTV should still be held in May. It was decided that May would still be the month for the public hearing on the ECTV annual report. Staff was instructed to mail said report to the Commissioners upon receipt from Mr. Rowe of ECTV. Staff was also requested to send a draft of the Commission annual report to Commissioners at the time of mailing the ECTV annual report. Performance Evaluation Discussion Regarding the staff memo on the 1991 Performance Evaluation, staff was instructed to put together a draft set of questions for the Commission's -_ CABLE COMMUNICATIONS COMMISSION Minutes of 4/23/91 . . . Page 3 May meeting. The questionnaire to be sent to Cablevision would be finalized at the June meeting, sent to Cablevision, who would be requested to respond within three weeks and the responses to the performance evaluation would be discussed at the July Commission meeting. July would then be the meeting in which the formal public hearing on the performance evaluation would be held. A subcommittee was appointed to work with staff on the proposed questionnaire, with Dave Haworth as chairman and Marlo McAllister. Response Letter to Mr. Neilson Mr. Adamus discussed City usage of the emergency override on the cable system. He noted that in the latest testing of the system, problems were discovered in that all of the channels were not overrides on the system. If the system is working correctly all audio and video for all channels on the system would be overriden by the City's municipal 33 signal. The Commission stated that it understood Mr. Neilson's concern regarding interruption of his cable service; however, the Commission felt the benefits of having the emergency override and its usage in emergencies far outweighed the disadvantages of not having it. Staff noted that while operating the emergency override, he attempts to do so while the broadcast stations are in commercial mode. Letter to Mr. Kirschner The Correspondence to Mr. Kirschner was accepted by the Commission. Mr. Kirschner had originally written to Mayor Barr regarding increases in cable rates. egltichannel News Article - CNN Withdraws Request for Contributions The Commission accepted the article from Multichannel News regarding CNN's decision not to add a voluntary financial contribution of 5¢ per subscriber to its monthly cost to cable systems. Comolaint Handling Procedures �- Mr. Adamus noted that the Commission had discussed at a prior meeting whether or not Cablevision was fulfilling its responsibility to notify customers that they could call the City if they were not satisfied with Cablevision's resolution of a complaint. The inclusion in the packet was a bill stuffer telling customers who to write if they had an inquiry and notifying the customer of the City's complaint line. Also attached c was a formal complaint procedure guide worked out between Mr. Edmundson and and Mr. Ruopoli and given to the City Manager's office regarding the complaint handling procedures for those complaints received by the City. Staff stated that his note at the bottom of the complaint handling procedure was simply to highlight that of the most importance was the response to the customer within 24 hours of receipt of the - complaint. Mr. Dziatkiewicz questioned whether or not the bill stuffer met the requirements of the franchise agreement, specifically Section 34 which states requirements for limits within which Cablevision must reply _ to a customer complaint. The bill stuffer stated that "inquiries" will be responded to by Cablevision within 30 days of receipt of a customer CABLE COMMUNICATIONS COMMISSION Minutes of 4/23/91 . . . Page 4 letter. Staff thought that perhaps there was a technicality in that the 30 days was the time Cablevision would respond to customer "inquiries" rather than "complaints". The Commission felt that next time Cablevision should let subscribers know specifically the information in Section 34 of the franchise agreement which lists times by which customers must be responded to. The Commission felt, however, that the complaint handling procedure worked out between Mr. Edmundson and Mr. Ruopoli did meet the requirements of the franchise agreement. CITY CONSUMER COMPLAINT REPORT - MARCH 1991 Regarding complaint #297, Chair Sampen wanted to know what kind of answer is "do you really need the money that bad?" as asked by Jim Stakitis of Cablevision to the customer. Mr. Sampen questioned who Mr. Stakitis was. Mr. Edmundson noted that Mr. Stakitis is the customer service supervisor. The Commission agreed that this was a rather abrasive question for a customer service supervisor to be asking. Mr. Edmundson stated that he does not condone that type of response to customers. The Commission stated that they do not approve of this type of comment to customers and felt that the Commission's disapproval should be brought to the attention of Ms. McPhail and Mr. Stakitis. Mr. Edmundson felt that this subject had already been brought to both of their attention. Mr. Edmundson noted that in the case of when a security deposit is due the customer from return of a converter box the normal period is from four to six weeks for receipt of the funds by the customer, because the checks are processed monthly. Mr. Edmundson noted that the deposit can be applied to the account if the customer requests. Regarding complaint #293, Mr. Edmundson stated that it had been resolved on April 4th. Service technicians had gone out to the customer's home and the customer agreed that the picture was fine, although the customer felt the picture did degrade a little at nighttime. It was determined that "noise" from the scramblers from the premium channels had been interfering with the other channels on the cable system at that address. CABLEVISION CUSTOMER SERVICE REPORT This report was accepted by the Commission without comment. SERVICE AVAILABILITY - GARRETT SEMINARY REOUEST Mr. Adamus noted that in his prior conversation with Ms. McPhail, she stated that Cablevision's survey of the property had been completed and that Cablevision was in the process of two activities; (1) application to the City of Evanston for a permit to drill underneath Sheridan Road; staff noted that the permit had not been received by the City yet but he had requested that the City Engineer let him know when the permit arrived and; (2) _ Cablevision has had to petition Illinois Bell to utilize Illinois Bell conduit already in place running to the Garrett Seminary building. APARTMENT CONSTRUCTION LIST UPDATE This was approved by the Commission. `"" CABLE COMMUNICATIONS COMMISSION Minutes of 4/23/91 . . . Page S The Commission voted unanimously to go into executive session at 8:30 p.m. for the purpose of discussing matters regarding pending litigation. The Commission reconvened into open session at 9:30 p.m. and immediately adjourned. The next regularly scheduled meeting of the Cable Communications Commission is May 21, 1991. Vincent Adamus " DRAFT - NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION Tuesday, May 21, 1991 7:30 P.M. Roam 2401 PRESENT: David Haworth, Marlo McAllister, Don Sampen, Ruth Smalley, Susan Tash ABSE : Mark Dziatkiewicz, Robert Gordon STAFF: Vincent Adamus CABLEVISION: Irene McPhail, Willie Edmundson, Tony Ruopoli, Don Ashton and Bob Lindenfelzer OTHERS Frank Sternberg, ECTV Board President; PRESENT: Ross Rowe, Executive Director, ECTV; See sign in sheet, attached PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:35 p.m. MINUTES The minutes of the meeting of April 23, 1991 were unanimously approved as submitted. PUBLIC HEARING FOR EVANSTON COMMUNITY TELEVISION'S 1990 ANNUAL REPORT Ross Rowe, the Executive Director of ECTV, spoke regarding the Annual Report. He noted that, during 1990, 341 programs were completed in ECTV's studios; 105 people had taken ECTV's introductory class; and 300 people had participated in ECTV's video production workshops. He noted that there was an increase in programming over the previous years. A current goal is to make Evanston Community Television more visible. One of the ways this is accomplished is through the proliferation of ECTV's logo which is shown on the cover of the Annual Report. The facilities at ECTV have gone through some physical changes in 1990, with the goal to make the facilities more accessible to the public. An attempt has been made to cut down on equipment downtime, and to make the video production equipment easier for all to use. In pursuit of this, ECTV has started switching over to the use of half -inch and Hi8 portable equipment. This equipment is easier for the non professionals to use in portable video production. Ross noted that during the first four months of this year, ECTV's membership drive was more successful than during the whole of last year. In response to Commission questions, Mr. Rowe stated that public awareness is a priority goal of Evanston Community Television. To this end ECTV has CABLE COMMUNICATIONS COMMISSION Minutes of 5/21/91 . . . Page 2 produced shows at the Ethnic and Custer Fairs and visited non-profit organizations. Also, the Economic Development Committee of ECTV has been trying to get contacts for the furtherance of corporate sponsors. Currently, ECTV's staff only produces the "open mic" series. This is a 30 minute program where individuals can come and speak in front of the camera on whatever topic they like. ECTV's staff has emphasized teaching the community how to use the equipment rather than producing programming themselves. Mr. Rowe noted that equipment at ECTV has improved: the studio has been rewired and the portable equipment has been replaced with the half -inch equipment. Currently, Mr. Rowe rated ECTV's equipment as "good". He noted that their biggest fears are the studio's VCR's, which are now seven years old and wearing out. Also, two studio cameras are on their last legs and will soon need replacement. He believes, however, that recent new equipment purchases have improved ECTV's ability at video production. He noted that ECTV has one Hi8 and four VHS camcorders and that ECTV has editing suites for both of these formats. Regarding the needs of access users vs. Northwestern students as access users, Mr. Rowe stated that involvement from students has been low recently. He noted that there is a new video facility opening in the fall at Northwestern University and predicted that Northwestern student involvement at ECTV will diminish even further with the opening of this new facility. Mr. Sternberg, the President of the Board of ECTV, spoke next. He reminded the Commission that ECTV has a new Executive Director, i.e. Ross Rowe. Mr. Sternberg stated that this a crucial time for ECTV and its mission, noting that the refranchising process will be starting in approximately 1993. He noted that because of deregulation the City may have fewer persuasive powers regarding the provision of community television. Mr. Sternberg stated that the ECTV Board must learn how to raise funds, since Cablevision funds much of ECTV's activities now and the situation cannot be predicted beyond 1946. Mr. Sternberg stated that most of the ECTV Board is new and members were picked to ensure that the Board would be able to have a positive input into the refranchising process. Mr. Sternberg noted that ECTV is just now learning how to fund raise. He noted that a big problem is low recognition of ECTV. He noted that the Board's goal must be to increase visibility in =_ the community. Mr. Sternberg stated ECTV's intent to work with the library and school systems to establish public access in Evanston. Two major goals for ECTV will be: (I) To obtain grant funding and (2) To have fundraising events. These fundraising events will both increase the visibility of ECTV in the community and raise funds for the organization. Mr. Sternberg noted that community television is critical as both a political and artistic form of expression in the community. With the two roles of increasing the _� viewership and subscribership of ECTV, Mr. Sternberg noted that Cablevision should begin to view ECTV as an asset to its operations. He noted that the Commission is viewed as friends and allies. The next speaker was Paul McComas, a public access producer at ECTV. Mr. McComas stated that he views free expression as critical also. He is currently involved in a 40 minute experimental film. Approximately $35,000 of funding has been received from arts agency grants but he noted that ECTV has subsidized the production through the use of the facilities. Mr. McComas noted that there will be a public premier of the production that he and two other producers are working on, Desert Slacks. Patty MacKenzie, also a 1 CABLE COMMUNICATIONS COMMISSION Minutes of 5/21/91 . . . Page 3 producer for the Desert Slacks film, noted her thanks to ECTV. She stated that the production could not be completed without the help of ECTV staff and the facilities of ECTV. Marguerite Adelman, a new Board member of ECTV and the public information officer for School District #65, thanked ECTV for help in getting District #65's Channel 30 up and running. She noted that there is interest in the community as she gets phone calls regarding cablecasts of Board meetings. Sidney Schneidman of the Levy Center said that he is a member of the Levy Center production group, an eleven member group that meets Thursday mornings at ECTV and produces one program per week. The group mans all of the stations of production and was trained at ECTV by ECTV staff. Past productions include Trash Busters Day, Levy Fashion Show, May Gala, Botanic Gardens, Summer Recreation Department Activities, and the Ethnic Arts Festival. Mr. Schneidman noted that the cooperation from ECTV staff is very high. Steve Leigh, a producer of Our Town... Evanston, noted that there have been three great revolutions in the world. The first is the agricultural revolution, the second is the industrial and the third is the electronic revolution. He noted that the electronic revolution created new forms of Democracy, including dispensing of knowledge to the general public. Mr. Leigh noted that Edward R. Murrow noted that T.V. was the best schoolroom in the world. Irene McPhail discussed Cablevision's relationship with ECTV and stated that she is very pleased with it. She had a natural concern when there was a change in leadership this past year, but found that she gets along very well with both the new ECTV staff and Board. Ms. McPhail stated that Cablevision supports the promotion of Evanston Community Television's visibility. She noted that she is looking forward to working on extending Cablevision's relationship with ECTV beyond 1996. She agreed that there is a symbiotic relationship between Cablevision and Evanston Community Television and that they can benefit each other. The Commission noted receipt of letters from: Margaret M. Glaser; Pattie MacKenzie, Paul McComas, Eric Dickhans and Peter Shultz; Maria Cooley; Harry Mickelsen Jr.; Darlene E. Fisher; Jim Stevens; Neil Fisher, President of Garrett Evangelical Seminary; Ned Leuchtner and Shawn Simmons. All letters supported public access television in Evanston in general, and the staff of ECTV. 1990 COMMISSION ANNUAL REPORT The Commission noted receipt of this draft report in the packet and planned for a final draft to be reviewed at the next meeting of the Commission. 1991 PERFORMANCE EVALUATION The Subcommittee, consisting of David Haworth and Marlo McAllister, reported that they would have a draft for the Commission of this performance evaluation for the Commission at its next meeting. COMMUNICATIONS Letter to Irene McPhail Reqardinq Cable Guide The Commission agreed that the letter from Ms. McPhail, distributed at the meeting, answered all of the Commission's concerns, namely: channel lineup information would be provided to subscribers aside from the Cable Guide; ECTV programming will continue to be listed in the Cable Guide as long as CABLE COMMUNICATIONS COMMISSION Minutes of 5/21/91 . . . Page 4 system -specific information is allowed in the guide; any subscriber in good standing can request that their name be added to the Guide distribution list at any time; new subscribers will be advised of the availability of the Guide and there will also be an annual mailing regarding its availability. Ms. McPhail noted that the cable system will now have a channel which includes information on the next two hours worth of programming across all of the system channels. Included in this listing will be information on ECTV programming. Cablevisiop Proarammina Chances Ms. McPhail noted a couple of changes from her letter of May 1, 1991 to Mayor Barr. These changes were being brought about because CNBC had purchased FNN. FNN will go dark starting May 22, 1991. CNBC, therefore, will be cablecast both an Channel 10 and on FNN's channel for an interim period. She also noted that Quality Value Channel has purchased J.C. Penny's Shop Channel. Cablevision is not yet sure what QVC will come out with and is holding changes pending QVC's action. Staff noted at this time that he had had a conversation with Gary Newhouse of Oakton Community College. Mr. Newhouse was interested in getting their locally produced or satellite programming on to Evanston's cable system. Options here include adding programming to the current school channels on the system, adding Oakton's programming to ECTV, or opening up a new channel on the system for the use of Oakton Community College. Staff noted that Mr. Newhouse planned on having available 30 to 50 hours of programming per week by the end of the current calendar year. Currently, there is a link from Oakton Community College to Mt. Prospect, Skokie, Northbrook, Des Plaines, Park Ridge, Golf and Glenview. Oakton operates their own three camera studio which produces approximately I00 programs per year, and also receives satellite programming. The Commission encouraged Oakton's prngramming to be added to the cable system somewhere and noted that arrangements should be attempted to put the programming on one of the current school or public access channels before looking at opening up the additional channel. It was noted that Triton offers cable tele-courses, and that Triton charges full price for these classes. Triton has a channel on Oak Park's system as per Cablevision's franchise in Oak Park. Mr. Rowe noted that in Ann Arbor the community college paid a small percentage of the fees that they received for tele-courses to the access programmers. The question was then raised whether or not Oakton would be willing to pay a portion of their tele-course fees to public access in Evanston. The Interdiction and Cable News Kars articles from Multi -Channel News were accepted by the Commission. Consumer Services Regarding City complaint #293, Mr. Edmundson noted that this complaint was resolved. Cablevision representatives went out to extinguish the scrambler noise at the drop. The subscriber had noted that the signal tends to degrade at night. Mr. Edmundson also noted that complaint #299 was resolved. Regarding complaint #298, Mr. Edmundson stated that 20 out of 24 of the ' CABLE COMMUNICATIONS COMMISSION Minutes of 5/21/91 . . . Page 5 residents at these townhomes have signed the right of entry agreement. Mr. Edmundson noted that the individual that initiated the complaint has helped him sign many of the owners at that property. Vince Adamus has also offered to intervene on Cablevision's behalf in order to get service at these townhomes, due to consumer complaints. Cablevision Report on Consumer Complaints In response to Commission questions, Mr. Edmundson stated that disconnects that were "customer related" are due to various reasons, including the subscribers not watching enough television, or family circumstances have changed and the customer elects to disconnect. 59rvice Availability Service to the Levy Center The Commission stated that the Levy Center should get cable hooked up to the facility. Staff noted that the City Council had decided to postpone discussion of demolishing the Levy Center until 1995. Staff predicted that any demolition, if decided upon by the City Council, would therefore not occur until the construction season of 1996. Mr. Ashton stated that it was physically possible to get service to the Levy Center. Ms. McPhail noted that Cablevision would be willing to get service to the Levy Center but because of the high cost of providing service to the Center wanted to ensure that the Center would not be torn down until the franchise agreement expires in 1996. Staff stated that he could not guarantee that, since the decision was entirely up to City Council. He reiterated that the City Council had decided, however, not to consider demolition until 1995. Ms. McPhail was not certain of when service could be provided to Levy Center but estimated toward the end of calendar year 1991. Service to Garrett Seminary Ms. McPhail noted that Illinois Bell Telephone had rejected Cablevision's request to utilize IBT conduit to get to Garrett Seminary. She noted that, therefore, providing service to Garrett would cost approximately $10,000 to Cablevision since they would have to dig a new trench to get there from Sheridan Road. She noted that Cablevision does not have this extra money in their budget but that if the Commission was willing to wait until the winter time Ms, McPhail could budget the money for the end of the calendar year 1991. In response to Commission questions as to why it was so difficult to yet service to the Levy Center and Garrett Seminary, Mr. Ashton stated that even though the cable plant may be close to a facility, it may still be difficult to get a signal there. The feed to a particular facility may require that Cablevision go back to a point where there is an amplifier and duplicate the route, or get a duplicate feed to a facility so that the signal is of adequate quality. it was noted by the Commission that the recent interest in construction to Garrett Seminary started a few months ago with a letter from representatives at Garrett. Ms. McPhail and the Commission agreed that construction to Garrett could occur in November or December of 1991 to Garrett Seminary. CABLE COMMUNICATIONS COMMISSION Minutes of 5/21/91 . . . Page 6 Ruth Smalley complimented Vince Adamus and the video production crew on their production of the City Council meeting which featured the memorial ceremony for Alderman John Rudy. She noted that she was very touched by the production and that it was tastefully and professionally produced. The Commission adjourned at 8:55 P.M. The next regularly scheduled meeting of the Cable Communications Commission is June 18, 1991. Vincent Adamus 6 D . DRAFT - NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION June 18, 1991 7:30 P.M. Room 2401 PR Robert Gordon, David Haworth, Marlo McAllister, Don Sampen, Susan Tash A T: Mark Dziatkiewicz, Ruth Smalley ST F : Vincent Adamus CABLEVISION: Irene McPhail, Willie Edmundson, Tony Ruopoli OTHERS Ross Rowe, Executive Director, ECTV PRESENT: PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:37 p.m. MINUTES The minutes of the meeting of May 21, 1991 were unanimously approved as submitted. COMMUNICATIONS Consideration of 1990 Commission Annual Report The Commission gave staff some corrections on the draft of the report and decided that Commission members should have any further corrections to staff by seven days i.e., June 25, 1991. It was discussed and decided that this report would go to the A&PW Committee at its July 8, 1991 meeting. Included with the Commission Report would be ETCV's Annual Report and Audit. Regarding Commission goals for 1991, the goals from last year were still seen as pertinent with emphasis on vigilence regarding customer service requests, and wiring of apartment buildings and institutions and with a view towards the expiration of the current franchise agreement in 1996. I CABLE COMMUNICATIONS COMMISSION Minutes of 6/18/91 . . . Page 2 f,pnsideration of Draft of Performance Review Regarding the draft questions for the Performance Review, Ms. McPhail noted that the Franchise agreement Section 29 (a) 10, does require Cablevision to provide a monthly report regarding institutional usage. She noted however, that this had not been provided in the past and requested guidance in what the Commission would like in the report for the future. The Commission decided that the first reports should list all of the institutions that are connected. Other information to be included in the report: types of programming the institution is producing, new institutional connections during the previous period, and requests for connections. It was noted that proposed question number one regarding maintenance at institutions would still be on the Performance Review. It was noted by Cablevision representatives regarding proposed question number eight, that the number of apartment units constructed for Cable service, actually increased in every year except 1989. The Commission altered their question to reflect a query of how Cablevision accounts for the variation from year to year. A question was added concerning Affirmative Action guidelines. The Commission made other changes as appropriate. Regarding question number eleven. (Cablevision's obligation to provide notice to subscribers that complaints may be directed to Office of the City Manager), it was noted that Vince Adamus's numbers of 866-2935 would be more useful to the cable customer than the general city number, which is not manned after 5:00 P.M. It was noted that the franchise agreement, section 34 (d) could be interpreted as only obligating Cablevision to notify new subscribers. It was decided by the Commission that staff would finalize the questions in the Performance Review and send them to Cablevision as soon as possible. Cablevision's responses would be returned to staff no later than August 10, 1991, so that they could be discussed at the Commission's meeting of August 20, 1991. The Commission agreed to not meet in July unless issues arise that should warrant a meeting. Garrett Seminary Cable Service Update Staff noted that he had sent the letter to Dr. Mahan of Garrett Evangelical Seminary as a follow up confirmation to Garrett's request for cable television service. CABLE COMMUNICATIONS COMMISSION Minutes of 6/18/91 . . . Page 3 May 1991. £TCV Director's Monthly Reoort Ross Rowe passed out a press release regarding ETCV's new usage of an auto playback system at channel 29. Mr. Rowe noted that ETCV had been testing this system for the past few months. This system loads tapes at the beginning of the day and is programmed to play those tapes throughout the day. ECTV has had success with this system so far. Mr. Rowe also noted that the Cook County Board's weekly meetings are now cablecast on channel 29, noon, Sundays. Responding to a question from Ms. McAllister, Mr. Rowe noted that the Evanston Review publishes ETCV's program listing at least once per month, and it is free. This was arranged through Ken Tremback, Cablevision's Program Manager. 1990 Audit of Evanston Community Television The Commission accepted this audit from Mr. Rowe. In response to a Commission question, Mr. Rowe stated that the Special Fund listed was money set aside for the Obras Project in the Soviet Union. Staff noted the line item under expenditures, "interest expense", and questioned whether or not there was any principle expense paid out for the equipment that ETCV is paying off. Mr. Rowe stated that he was not sure if there was principal expense but would check. Staff also noted that while ETCV's monthly payment to Cablevision includes rent, utilities and security, the audit breaks these out by specific line item. News Articles Staff noted and summarized the articles that were included in the packet. One regarded an interview with Charles Dolan, Cablevision Systems Corporation' s Chairman. Another, an informal survey taken in the Beverly Hills, California area regarding lifeline tiers and discount programs offered by cable operators. The third article regarded a consumer survey conducted by Market Fax, Inc., which found more than half of households polled favored more regulation of cable TV, both at the local and federal levels. The =- tendency to favor more regulations rose with age. CONSUMER SERVICES The Commission accepted the Cablevision's customer service report for May 1991, the summary of Requests for Service, and the City Construction Report. Staff noted the city report on consumer complaints for May, 1991 would be provided in the next cable commission packet. CABLE COMMUNICATIONS COMMISSION Minutes of 6/18/91 . . . Page 4 In response to staff questions, Mr. Edmundson updated the situation at the South Boulevard Townhomes. Mr. Edmundson noted that only three property owners need to sign a right of entry agreement so Cablevision can begin underground construction. Mr. Edmundson stated that he would try again during the next week, and felt that, two out of the three would sign freely. Ms. McPhail requested Commission input on resolution of the Northwestern University situation. She noted that Cablevision is currently waiting on a few projects pending the outcome of the Commission's discussion. Mr. Sampen predicted that the Commission would have a response to Cablevision within two months. The next meeting of the Cable Communication Commission is scheduled for August 20, 1991. The Commission adjourned at 8:40 p.m. /:� � (') V6ent Adamus im 0 PRESENT S IT: STAFF PRESENT: CABLEVISION: OTHERS PRESENT: PRESIDING: CALL TO ORDER DRAFT - NOT APPROVED Minutes EVANSTON CABLE COMMISSION August 20, 1991 7:30 P.M. - Room 2401 Robert Gordon, Dave Haworth, Marlo McAllister, Don Sampen, Ruth Smalley Mark Dziatkiewicz, Susan Tash Vince Adamus Irene McPhail, Tony Ruopoli, Millie Edmundson, Don Ashton, Susan Bisno, Bob Lindenfeizer Ross Rowe, Executive Director, ECTV; Dan Garrison Don Sampen, Chair The meeting was called to order at 7:40 p.m. MINUTES The minutes of the June 18, 1991 meeting were approved. PUBLIC NEARING - 1991 PERFORMANCE REVIEW Ms. McPhail began the performance review by discussing her view of Cablevision's performance since 1987. She noted that Cablevision is committed to improved service provided to subscribers. The "1-800 Cable Me" campaign is well known throughout the community, and Cablevision has worked hard to improve picture quality. She noted there are an extra 2,200 subscribers in Evanston since 1987, and that the service call ratio shows that an average subscriber has a service call once every two years. Ms. McPhail noted that the average hours of cable outage per subscriber has been cut in half since 1987. Ms. McPhail noted that regarding phone calls into Cablevision, the average time the caller is put on hold is now around 20 seconds and that the calls handled, a measure of busy signals, is now 95 to 100%. Since 1987 Cablevision has expanded their programming by adding CNBC and expanding AMC, Discovery Channel and Black Entertainment Television (BET). She noted that Evanston's system has S fulltime community channels, more public access channels than any other municipality in the state except for Chicago. Ms. McPhail noted that Cablevision's feedback shows that the CABLE COMMUNICATIONS COMMISSION Minutes of 8/20/91 . . . Page 2 most watched show of the access channels are the City Council meetings. She noted that Cablevision had given $1.7 million to Evanston Community Television in operating support, and that Cablevision has increased its contributions to the City in terms of franchise fees to a projection of $200,000 in calendar year I991. Ms. McPhail noted that Cablevision's reputation is currently better, and that most subscribers are pleased with Cablevision's service. She noted that the number of City complaints have decreased over the years. Bob Lindenfelzer, Cablevision's Sales Mhnager, noted that in the Chicago area 12 cable operators have combined to form the Chicago Cable Cooperative. Mr. Lindenfelzer noted that in the first few years of the Cable Coop, 95% of marketing dollars were spent on acquisition costs, i.e., getting new subscribers. Currently, of the 3 goals of the "1-800 Cable Me" campaign: (1) retention of current customers; (2) acquisition of new customers and; (3) revenue enhancement; most of the efforts are focusing on retention of current customers. Telemarketing is being used to reach those who voluntarily disconnect in order to get them to stay on as customers; 507 of these disconnects could be "saved" by this. Cablevision has recently developed a new subscriber book, sort of a layperson's guide to cable. This is given to new subscribers and is used as a marketing tool, but current subscribers can also get a copy of this booklet if they would like. In response to a Commission question, relatively low penetration in Evanston close location to the City of Chicago community; tv is less a part of life for community. Ms. McPhail, however, felt noted that Cablevision currently has a percentage of homes passed that subscribe Mr. Lindenfelzer stated that the is due, in his view, to Evanston's and the fact that it is a college college students and others in this that the marketing is working and 37% penetration rate, measured as a to cable. Mr. Garrison introduced himself and stated he is a Northwestern University teacher. He felt the low penetration rate in Evanston is a result of the demographics in town in that there are many highly educated and professional people in Evanston. He noted that this type of population is generally not addicted to television and watches perhaps five hours per week. He noted that CNN is probably of main interest to himself and others similar to himself. Mr. Garrison noted that at his current rate of watching television he would, in effect, pay $1 per hour for subscribing to cable television. Mr. Lindenfelzer noted that Cablevision has rechanneied its efforts to promote education channels such as Discovery and CNN, and felt the quality of programming on cable today is worth the value. Don Ashton, Cablevision's Chief Engineer, noted that there are approximately 110 miles of cable plant in Evanston, and that since 1988 Cablevision has replaced 1,536 feet of cable in town. In the construction area, 70 buildings and 1,900 units have been built in that same time span, and maintenance improvements have been made, e.g., eight channel modulators have been replaced at a cost of $25,000, and field testing equipment is continually upgraded. Other maintenance is ongoing, e.g., channel sweeping, balancing, signal leakage testing, testing of the emergency override, and testing of the CABLE COMMUNICATIONS COMMISSION Minutes of 8/20/91 . . . Page 3 signal-to-noise ratio on the system. Mr. Ashton noted that Cablevision is planning to have a technical facility here in Evanston in the near future, with the technicians based here that would ordinarily have been based in Oak Park. In response to Commission questions, Mr. Ashton noted that the facility should increase the response to service requests since the technicians based in Evanston will have less drive time. Ms. McPhail noted that the personnel will be transferred from Oak Park, i.e., decentralized, and that the technicians working in Evanston would become more familiar with Evanston's particular system. She felt that while this might be more expensive to run the separate facility, it would result in better service to the customers. In response to Commission questions regarding Cablevision's future plans to expand evening and weekend service call availability, Mr. Ashton noted he does not anticipate expansion of the current hours. Currently Cablevision schedules calls until 7:00 p.m. on Weekdays, and also schedule calls on Saturdays. Mr. Ashton noted that it is dangerous for the servicemen to respond to calls at nighttime due to a lack of light. Mr. Ashton also noted that sales staff have been trained to do basic installations, and in some cases, can install the customer at the time of the sales visit. Cablevision will, however, try to time the calls giving a two hour response window for the customer in the event of a service call. Ms. McPhail noted that Cablevision has, at times in the past, done work on Sundays but found that customers do not seem to like Sunday service calls. She also reiterated that late evening work is a safety problem for the technicians. The Commission encouraged Cablevision to cut down on the number of times when a subscriber is forced to wait all day for a service call. Tony Ruopoli spoke regarding customer service improvements since 1988. He noted that Cablevision now has an automatic system which allows a customer to call in and order a pay -per -view program via telephone without talking to a customer service representative. Mr. Ruopoli also noted the addition of an automated response unit (ARU) which automatically answers calls from customers without a customer service representative. He noted that this system currently answers 30% of Cablevision's phone volume and allows a customer service representative to handle only the calls where it is necessary to deal with a person. Mr. Ruopoli noted that Cablevision had expanded its hours of operation in Evanston during evenings and Saturdays, adding a total of 13 hours per week. Cablevision has also focused on the customer service representatives in the past few years, trying to retain CSR's and decrease the turnover in that position. He noted that with the ARU a customer calling in can still get a CSR if they wait throughout the message. After these presentations by Cablevision staff the Commission went through the written responses to the performance evaluation. Chair Sampen asked regarding Section A2 whether Ms. McPhail could not project apartments to be constructed during 1991. Ms. McPhail responded that she did not wish to project these numbers since they are not under her control. She stated that this requires third party action, i.e., action by the homeowner or property manager. Regarding Section B1 of the performance evaluation, Ms. McPhail noted that Cablevision now has a landlord referral program where Cablevision deals CABLE COMMUNICATIONS COMMISSION Minutes of 8/20/91 . . . Page 4 one-to-one with apartment owners. She noted that 1,100 units are currently under this program. In response to Commission questions, Ms. McPhail noted that she could add the availability of the Cable Guide to the annual subscriber complaint notice that Cablevision sends out. Mr. Sampen noted that on page four of the evaluation response, Ms. McPhail notes that "90% of people in Cablevision surveys are happy that their CSRs are courteous and competent." Chair Sampen requested a copy of this survey. Ms. McPhail stated she would attempt to get it for the Commission; that the survey was performed by Cablevision's corporate headquarters. Mr. Gordon questioned the figure that the average customer was only put on hold for 20 seconds after calling the Cablevision customer service line, citing past experiences. Mr. Ruopoli noted that the phone system picks up within three rings, and that a customer can speak to a live body within 20 seconds after this pickup. Ms. McPhail noted that there have been drastic improvements in this service since the beginning of the year. Mr. Sampen suggested that Commission members test out this fact by calling the customer service numbers themselves. Concerning Section B7 of the Cablevision response, Mr. Sampen took issue with Ms. McPhail's response that it is not appropriate for Cablevision to reply regarding packaging information of other cable companies. Ms. McPhail noted that rather than feeling it is inappropriate to reply, she simply did not have the information regarding what other cable companies have in their cable lineup. She noted that Cablevision does not compete with those other operators and, therefore, does not collect that information. Concerning Section 85, Ms. McAllister encouraged Cablevision to be more aggressive in actively marketing the availability of a parental control lock. Ms. McPhail noted that she does not currently sense a problem amongst the subscribers and feels that particularly with new subscribers, Cablevision mentions this availability. Mr. Edmundson noted that sales representatives will particularly mention this availability if they see small children in the home that they are visiting. At this time, a woman in the audience noted concerning Section B7 that if Cablevision meets with the other "1-800 Cable Me" companies, how could Cablevision not know what the other companies are offering. Ms. McPhail noted that discussions among that group are concerned more with various marketing strategies of the "1-800 Cable Me" program and that while Ms. - McPhail has a general idea of what channels other companies offer, she does not have specific information on tiers or channels. Regarding institutional services, Section C2, Ms. McAllister questioned why Cablevision does not perform continuing maintenance on institutions. Ms. McPhail noted that cable drop services do not require regular inspections. Mr. Edmundson noted that Cablevision responds to service calls if there is a probi em. CABLE COMMUNICATIONS COMMISSION Minutes of 8/20/91 . . . Page S From a call in question, a caller noted that he has had consistent reception problems with his lower end channels, particularly 2 and 3. He has called Cablevision several times and was told that nothing could be done about this. Mr. Ashton noted that there should be no specific reason for this. Sometimes, however, the lower end of the service can be subiect to interference (signal ingress) if there are corroded parts or fittings leading into the subscriber's home. Ms. McPhail offered to call the subscriber, who left his name and phone number, regarding this problem. A second phone-in caller questioned how much money out of the subscribers' monthly bill goes to Evanston Community Television. Ms. McPhail answered that this was S3 per month. A third phone caller asked how can Cablevision not monitor other systems and asked why channel 44 is not included in Cablevision's lineup. Ms. McPhail noted that a few years ago Cablevision had decided not to put channel 44 on their lineup and has not received requests for this channel since. She suggested that Cablevision will look at it for the next year. A letter from a viewer was noted in which the viewer complained that there is no "Court TV" carried in Evanston. Ms. McPhail noted that while Cablevision owns a portion of Court TV, their policy is not to put on a channel as soon as it starts up; however, that is one of the channels that are currently under consideration for Cablevision to launch in the next year. Regarding Section p, System Maintenance and Improvements, Mr. Haworth questioned whether or not the composite triple beat specification was still being met in Cablevision's plant. Mr. Ashton answered yes and that even though there are some cascades in Evanston which are longer than limits specified in the franchise agreement, the picture and audio quality standards are still being met. At this time staff requested that Cablevision send an engineer to check the character generator at the Service Center to determine whether or not it has capacity for power backup. Staff noted that during power outages all the information on the character generator is lost currently. In response to Commission questions about Cablevision's refund policy for service outages, Ms. McPhail stated that Cablevision follows the franchise agreement and refunds if an outage is over 24 hours. She also noted, however, that outages less than 24 hours may result in a refund to the subscriber. This is dependent upon the particular situation, and the customer service representative has been empowered to offer refunds. Refunds are generally based upon the subscriber's concern for the outage. Regarding Section F2, Ms. McPhail noted that ECTV is advertised in the Evanston Review, and that this is being done as a result of a barter arrangement between Pioneer Press and Cablevision. Ms. McPhail noted that this is a private arrangement that she was unwilling to reveal. Regarding Section E, Ms. McPhail noted that, per discussion with Vince Adamus earlier in the week, the City would be provided with copies of Cablevision's current insurance policies when the insurance is renewed as of September 1. CABLE COMMUNICATIONS COMMISSION Minutes of 8/20/91 . . . Page b Regarding Section G2, and Commission questions on Cablevision's plans to attract subscribers, Mr. Sampen emphasized that these questions are not superfluous as per Ms. McPhail's response. He stated that the City of Evanston has an interest in franchise fees gained through subscribership in Cablevision. He also noted that questions regarding the allocation of channels on the cable lineup are also legitimate questions for the Commission to inquire about. At this time a call -in question was taken regarding why Cablevision could not be more specific on the time that a service call will be made to a home. Mr. Ashton responded that the technician has no idea beforehand on how difficult a job will be regarding time to complete. Mr. Ashton noted that an installation, for example, may be extra difficult depending upon the situation. Cablevision can tell a person where they are on the list, but Cablevision can not usually estimate when it will be possible for a technician to get to that person's residence. Mr. Ashton noted that if a particular technician has a number of difficult jobs then that technician's work can be given to another technician who is having jobs that require less time. In response to Commission questions, it was noted that Cablevision usually does not call a subscriber if Cablevision's technicians are running late. However, if requested by a subscriber, the dispatcher could call the subscriber when the technician is on the way. At this time another call -in question was taken. The caller requested why C-SPAN II nor BBC audio were included in Cablevision's lineup of services. Ms. McPhail noted that these would also be put on the list of those to be considered for next year. At this time, staff noted receipt of call -in questions prior to the review. Une call was from a Mr. Franklin who noted that the price of service is too high in Evanston compared to Chicago where he had previously been a subscriber. Also, he questioned the need for a converter box for cable service. Lastly, Mr. Franklin questioned whether or not Cablevision would provide an option to purchase a remote control. Ms. McPhail noted that the converters are the basis of Cablevision's video security and Cablevision currently has no plans to change this. Staff noted that he had explained to Mr. Franklin that converters are not necessary for basic service, but only for premium services. Ms. McPhail noted that the remote control is packaged as a part of the converter box. She also noted that universal remotes are available now on the market that work with Cablevision's converters. Regarding the rate schedule, Ms. McPhail noted that rates are determined as a function of various factors that Cablevision examines every year. A second caller, Mrs. Copp, noted that the Weather Channel has not been working on her system. Ms. McPhail responded that for two weeks a part has malfunctioned. This part is necessary for receipt of certain weather channel information. Ms. McPhail has recently spoken with Weather Channel's vice president for the midwest region, noting her dissatisfaction with the channels, technicians being unable to solve the problem. Ms. McPhail stated that Cablevision will be receiving a replacement part tomorrow that will hopefully correct the problem. A Baird caller, Mr. Barry Fleischer, had noted in his conversation with Vince Adamus that he did not have instructions with his remote. Ms. CABLE COMMUNICATIONS COMMISSION Minutes of 8/20/9I . . .Page 7 McPhail had previously sent him instructions to use the remote but Mr. Fleischer stated that his remote does not look like either of those that were included in the information Ms. McPhail sent. Ms. McPhail stated that these are the only two remotes that Cablevision currently has, and that the records she reviewed says that his remote is one of those. Mr. Sampen noted the receipt of the letter from Ross Rowe to the Commission noting the fine relationship ECTV has had with Cablevision. 600 SOUTH BLVD. TOWNHOMES Staff noted that he will soon send a letter to the person who has rejected Cablevision access to his property. Staff also noted that he had talked with a woman who Mr. Edmundson had not been able to get ahoid of. While she has many concerns regarding the running of wires on her property, she did appear to be willing to work with Mr. Edmundson in terms of signing a right -of -entry agreement with Cablevision. CORPORATION COUNSEL MEMO REGARDING DISCLOSABILITY OF CABLEVISION RATE_ INFORMATION Mr. Sampen summarized the memo noting that it is the City's view that Cablevision must disclose all rate information to the City of Evanston per the franchise agreement. The memo further stated that if Cablevision feels there is rate information which should not be disclosed to the public, then Cablevision itself must include, in writing, reasoning why this information should be exempt from the Illinois Freedom of Information Act requirements. Ms. McPhail noted she had talked with Vince Adamus earlier in the week and received an explanation of what the memo stated, and noted that she has passed this memo on to Cablevision's legal counsel. If Cablevision's legal counsel has a problem with the content of the memo, Cablevision will contact City staff. ECTV ANNOUNCEMENTS Mr. Ross Rowe noted that ECTV is now five years old. On September 12th there will be a party to celebrate this anniversary at ECTV. He also announced the ECTV Great Shishkabob Challenge - a cooking competition and ECTV's first fundraiser. This will occur on October 5th at Independence Park. Anyone = with or without a recipe for Shishkabob is invited to attend. ADJOURNMENT The Commission adjourned at 9:30 p.m. The next regularly scheduled meeting is September 24, 1991. ' fRi- Vincent Adamus j I BA SEND: STAFF PRESENT: CABLEVI5 01 : OTHERS PRESENT: PRESIDING: CALL TO ORDER DRAFT - NOT APPROVED Minutes EVANSTON CABLE COMMISSION September 24, 1991 7:30 P.M. - Room 2401 Robert Gordon, Dave Haworth, Marlo McAllister, Don Sampen, Susan Tash Mark Oziatkiewicz, Ruth Smalley Vince Adamus Tony Ruopoli, Willie Edmundson, Don Ashton, Susan Bisno, Ross Rowe, Jeff Berkwits from ECTV Don Sampen, Chair The meeting was cail.ed to order at 7:40 p.m. MINUTES Staff noted that the minutes of the August 20th meeting have not been completed and approval of the minutes would be scheduled for the October Cable Commission meeting. COMMUNICATIONS Staff Memo reoardin4 new Cablevision General Manager Staff noted that he had spoken with Mr. Morton, Cablevision's new General Manager. Mr. Morton was not able to attend the Commission meeting, but staff would be meeting with Mr. Morton prior to the Commission's next meeting. Cablevision's submission of franchise fees Accepted without comment. August 1991 ECTV Director's Monthly Report Mr. Rowe reminded the Commission of the "Great Shishkabob Challenge" occurring October 5th from 12 Noon to 3:00 p.m. at Independence Park. He stated it was not too late for people to sign up with a Shishkabob recipe. Also, the Daily Northwestern was planning to publish a story on 9/25/91 regarding ECTV. CABLE COMMUNICATIONS COMMISSION I " Minutes of 9/24/91 . . . Page 2 In response to Commission questions, Mr. Rowe stated that ECTV has increased their membership from 40 members to 92 members during this calendar year, and that ECTV is continually trying to increase membership. Also responding to Commission questions, Mr. Rowe noted that the Northwestern University Television Production Center has recently opened. ECTV was not able at this point to determine if opening of that center would have an impact on Northwestern students' useage at ECTV. Mr. Rowe noted that the Northwestern facility has multiple video formats available for student usage. Pr000sal From John Dennis and Associates Staff provided a summary of his conversation with Dr. Dennis, noting that Dr. Dennis was looking for as much of the $250,000 as possible from the City for start-up funding for this endeavor. Dr. Dennis had also noted that he planned on borrowing production equipment from outside sources and hoped to get volunteers to staff his studios. In response to Commission questions, Mr. Ruopoli noted that Cablevision can not say at this time whether they would be interested in putting a channel such as that envisioned by Dr. Dennis onto their lineup. Ms. Tash noted that the pioneering idea of this decadian service channel was a great idea, but she had a lot of questions regarding its operation. In response to Commission questions on whether or not a small area within Evanston could be tested to determine the service's popularity, Mr. Ashton noted that this would be possible. The Commission noted that it had no problem with the concept of this "Decadian" oriented channel, but questioned whether or not a specific channel should be set aside for its use, noting that ECTV may have some capacity on their schedule. The Commission expressed confusion over where the $250,000 start-up figure came from. Ms. McAllister noted that advertising revenue is part ❑f the plan of Dr. Dennis' programming and the Commission questioned whether or not the City of Evanston should participate in funding a commercial enterprise. If this were a non-profit operation then perhaps Dr. Dennis could work with =_ Ross Rowe of ECTV. The Commission requested that Dr. Dennis come to the next Commission meeting to answer various questions that the Commission members have regarding the operation of this "Decadian" channel. TV Facts and Fioures Article - MultiChannel News The Commission accepted this without comment. Legislative and Legal Affairs Update - NATOA News The Commission accepted this without comment. Consumer Reports - Article on Now Cable Has Changed TV Viewing Regarding the article describing Cablevision's testing of compression video technologies, Mr. Ashton noted that this test utilized satellite delivered, compressed video signals. Four channels were compressed into = the 6 megahertz range usually necessary for delivery of one video channel. While the test was a success this technology is still in the infant stage. If brought out to the market then cable operators could CABLE COMMUNICATIONS COMMISSION Minutes of 9/24/91 . . . Page 3 "squeeze" four channels into what would normally be a one channel slot. This would be beneficial to the consumer because more channels could be included on the cable lineup. Currently the number of channels available on the lineup is limited by the wire which transports the signal. Utilization of this technology would allow more channels to be on the system without upgrading the wiring running throughout the City. CONSUMER SERVICES - COMPLAINTS FOR AUGUST I991 Staff noted there were no City complaints for August 1991. SERVICE AVAILABILITY The Construction List Update Reports were accepted by the Commission. Staff and Mr. Edmundson noted that there were still two homeowners at the 600 South Blvd. buildings that had not signed ROE agreements for Cablevision. One unit owner had expressly denied Cablevision right -of -entry and the other, as staff explained, was concerned to know exactly what types of materials Cablevision was using and where exactly all the materials will be placed on her portion of the building. She was also concerned that Cablevision indemnify her completely against any damages related to the cable wiring and was concerned about potential restoration issues. In response to Commission questions about construction at the Levy Center, Mr. Ashton responded that Cablevision can not yet predict when that building would be constructed, but hopefully by the end of the year. Construction at the Levy Center is dependent upon when Commonwealth Edison will be switching out their utility poles near the Levy Center. When this occurs, Cablevision can run wiring along the utility poles rather than going underground across the CNW railroad right-of-way. CNW Railroad had previously denied Cablevision use of their right-of-way. SERVICE TO NORTHWESTERN UNIVERSITY #;w- Mr. Sampen stated the outcome of the Commission's and A & PW Committee's deliberations regarding cable television service to Northwestern University. Mr. Sampen stated that the City has no objection, at this time, to Cablevision providing a reduced tier of service upon the subscriber's request. He noted that there exists a negotiated arrangement with Northwestern involving a change in service and rates from what is normally considered basic service in Evanston. Mr. Sampen noted that, per the Franchise Agreement, this change in service and rates must be reported to the City. Because Cablevision did not report this change in service and rates to the City, Cablevision is considered to be in violation of the Franchise Agreement with respect to notice and consent. Mr. Sampen further stated that Cablevision can not offer or advertise a reduced tier of services or rates, and the City must be notified of any change in tiers or rates. CABLE COMMUNICATIONS COMMISSION Minutes of 9/24/91 . . . Page 4 ADJOURNMENT The Commission adjourned the meeting at 8:10 p.m. She next regularly scheduled meeting is Tuesday, October 15, 1991. Vin cent A. Adamus 0 PRESENT: ABSENT STAFF PRESENT: CABLEVISION: OTHERS PRESENT: PRESIDING: CALL TO ORDER DRAFT - NOT APPROVED Minutes EVANSTON CABLE COMMISSION October 15, 1991 7:30 P.M. - Room 2401 Robert Gordon, Dave Haworth, Rush Smalley, Don Sampen, Susan Tash Mark Dziatkiewicz, Marlo McAllister Vince Adamus, Darlene Garner Paul Morton, Tony Ruopoli, Willie Edmundson, Don Ashton Ross Rowe, Jeff Berkwits from ECTV, Dr. Dennis Don Sampen, Chair The meeting was called to order at 7:35 p.m. The Cable Commission welcomed Paul Morton, new General Manager of Cablevision. Mr. Morton said he is looking forward to working with the City of Evanston; his previous experiences include working as the Assistant General Manager of Cablevision's Connecticut system; he has been in the cable business since 1974. MINUTES The minutes of the August 20, 1991 meeting were approved with the following amendments: Page 2, first paragraph, strike the words "contributions in terms of franchise fees and amend the sentence to read ......"and that Cablevision has increased its franchise fees to the City to a oroJ ection of 5200.000 in the calendar year 1991." Page 7, under Corporation Counsel Memo, delete the words "City's view" and insert ...."franchise agreement's reauirement." The Minutes of September 24, 1991 of the Cable Communications Commission were approved as submitted. Chair Sampen again inquired if the Commission could get a copy of the Cablevision survey in which it cites that 90% of the people in Evanston are happy with cable television. Ir CABLE COMMUNICATIONS COMMISSION Minutes of 10/15/91 . . . Page 2 FILBL IC COMMEM Regarding ECTV's monthly report which had not yet been received by the City, Mr. Rowe noted that the Shishkabob Challenge was rained out and that they had received only three entries for the Challenge. Mr. Rowe noted that he had been talking to people from Wilmette regarding programming on their access channel. Wilmette currently hasan access channel but there are few programs scheduled. Mr. Rowe noted that this coming Sunday ECTV will act as a rest area for the Evanston/Skokie Hunger Walk -a -than. He also noted that ECTV has been working on a program called "CAC£", Cable Access for Children's Education, in which junior high school children would be taught how to provide programming on their educational and social lives. jJ SCUSSION WITH DR. DENNIS-TELECARE CONNECTED COMMUNITY PROPOSAL The Commission invited Dr. Dennis to speak regarding his Telecare proposal. Dr. Dennis outlined his past experiences with senior citizens, whom he refers to as "decadians," and the genesis of his idea for a telecare connected community via video. He suggested that Cablevision give him a local origination channel on the basic lineup and provide capability throughout the City for decadians and others to communicate back to his programming site via hard wire. The Commission noted that in his proposal, his budget figures Include almost 100 personnel costs, and questioned where the other costs would come from for studio equipment, etc. Dr. Dennis thought he might be able to utilize access studios somewhere in Evanston or facilities in retirement centers. He noted that he would receive commercial advertising to support his venture. He saw an interactive channel as a communications device between people in Evanston. In response to Commission questions as to how this channel would be different than a local access channel, Dr. Dennis replied that all the programming on the channel would be done by decadians. Dr. Dennis was not sure about the technical specifics. He felt that the subscribers would buy cameras, which could be used to send audio and video signals back to the interactive hub of the network. Dr. Dennis was not sure what type of equipment would be needed to run the system, but assumed the need for fiber optics in the cable plant. He felt this would foster a symbiotic relationship between himself and Cablevision noting that he would provide Cablevision with more subscribers as individuals signed up to benefit from his telecare connected channel. He noted that Ms. McPhail had been committed to the idea. At this point, Mr. Ruopoli noted that he does not recall Cablevision's committing to support for this venture. Mr. Ruopoli noted that fiber optics was very expensive. Dr. Dennis felt that he would give Cablevision new subscribers so Cablevision would give him the system he was looking for. Mr. Gordon noted that while this calls for a very capital intensive program, Dr. Dennis had not received any firm commitment from Cablevision or anyone else for capital. Dr. Dennis stated that he had not known that Cablevision had a new General Manager, but that he would talk to Mr. Morton about this idea. He noted that other communities have said they will give him money, but declined to mention specific communities or dollar figures. Mr. Morton CABLE COMMUNICATIONS COMMISSION Minutes of 10/15/91 . . . Page 3 noted that in most cases, fiber optics to the home rather than only in the trunk portion of the cable system is not feasible at this time. Trunk distribution per mile for fiber optics is approximately $16,000. Ms. Tash predicted that Dr. Dennis would need financial backing from a major corporation or private concern before launching his idea. The Commission felt that while the telecare connected community was a good concept, the financing and technical specifics of the operation had not been worked out to the point where the Commission could or could not recommend the plan at this time. It was suggested that Dr. Dennis discuss this issue in greater detail with Cablevision, particularly regarding the technical requirements for enabling a interactive telecare system. It was noted that the Commission has no money to give out for funding for this project and that it is unlikely that the City would be able to fund this project as well. UPDATE ON CABLE RELATED FEDERAL REREGULATORY ACTIVITIES Staff noted that most of the focus at the federal level has been on the legislative rather than judicial areas. Mr. Adamus noted that there was no new activity since the memo was prepared, noted that NATOA is still working with the National Cable Television Association (NCTA) on a concerted response to the FCC's request for comments on proposed technical standards. Mr. Adamus stated that he had spoken with a member of the NATOA national board that day, and that the response was not ready yet, but that staff would get a response to the Commission after it was filed with the FCC. Staff noted that since the initial time frame established by the FCC for comments had been closed, he expects the response from NATOA and NCTA to be forthcoming soon. FRANCHISE RENEWAL SEMINAR IN MADISON WISCONSIN Staff noted that there would be an upcoming seminar in Madison sponsored by Barry Orton, Professor of Telecommunications at University of Wisconsin -Madison. Fir. Orton also has a consulting business. Chair Sampen suggested it would be beneficial for some of the members of the Commission to attend this seminar, specifically those who would be on the Commission into 1993 when the start of the franchise renewal process is expected to begin. Staff noted he was not sure if the City would be able to pick up the costs for this $190 all -day seminar. Copies of the seminar flyer were distributed to Commission members and Chair Sampen suggested that Commission members who are interested in attending this seminar should work with staff. At this time, Ross Rowe noted that regarding the proposed FCC's Transmission Standards for cable television systems, there may be an impact on local access television. He noted that local access operations who use 1/2 inch video systems may not be able to fall within the new guidelines. As noted in Mr. Adamus' memo regarding reregulation, the proposed new rules for video and audio standards are stricter than the current standards. In response to Co-mmission questions, Mr. Rowe noted that this should probably have no impact on ECTV but may have an impact on School District 65 which uses the 1/2 inch format. Mr. Rowe noted that the NFLCP (National Federation of Local Cable Programmers) is also working with NATOA and the NCTA on these standards. CABLE COMMUNICATIONS COMMISSION Minutes of 10/15/91 . . . Page 4 Chair Sampen offered Commission help, if necessary, to help insure that the new standards do not hinder local access programming. CITY CONSUMER COMPLAINT REPORT Ms. Garner noted that there is a long time from when the consumer complaints are sent to Cablevision and when a written response is sent back to the City. In response to Commission questions, Ms. Garner noted that she usually deals with Willie Edmundson, but also occasionally calls Oak Park if the Evanston staff are not available or if the problem requires as a more immediate response. Mr. Edmundson noted that the problem may not always be taken care of right away, but the resident is always notified by his office when they receive a complaint by the City. Mr. Sampen questioned why it takes so long for the City to get a written response back from Cablevision, and suggested looking at this month's complaints. Mr. Edmundson noted that Complaint n301 was fixed soon after the City's phone call to Cablevision. The written response regarding its resolution, however, had not yet been received by the City. Mr. Edmundson noted that Complaints #308 and 309 were not yet resolved. In response to a question from Chair Sampen regarding how often Mr. Edmundson sends back written responses to the City, Mr. Edmundson responded approximately once per month. Staff and the Commission felt that the responses should be sent at least twice per month. Staff noted that Mr. Adamus or Ms. Garner often follow up with a subscriber once the problem has been resolved. Mr. Edmundson noted that regarding Complaint #311, the complainant has had service since September 28th. Regarding Complaint #309, Mr. Haworth questioned why channel 2 had problems. Mr. Ashton noted that if the fittings are loose on the wires signal egress or ingress could occur. As channel 2 is transmitted at a higher power due to its location on the spectrum, channel 2 is more likely than other channels to `== find its way into the cable system when fittings are loose. He noted that Cablevision will come out and change fittings if they get corroded or loose. Fir. Ashton also noted that for technical reasons, these types of problems always affect the lowest frequency (i.e. channel 2) first, and then move up the spectrum. Mr. Morton stated he would look into why the responding technician had stated that channel 2's reception was poor City-wide. Staff also noted the Cablevision no-show as part of this complaint. Chair Sampen ant directed staff to include Complaint =309 on next months agenda. Regarding Complaint =63, Mr. Edmundson noted this had been resolved; the building had been wired for service. Mr. Adamus, looking at the Cable Construction Report, confirmed this. Regarding the letter to Mr. Travers of 600 South Blvd., Mr. Edmundson noted that he had spoken with Ms. Travers and she stated she would speak with her husband. Mr. Edmundson was optimistic after speaking with her that afternoon _ CABLE COMMUNICATIONS COMMISSION Minutes of 10/15/91 . . . Page 5 that the Travers would soon allow Cablevision access. Regarding the other resident at these townhomes that refused access to Cablevision, Mr. Edmundson was not so optimistic noting that Marty at Cablevision had attempted to meet with her and discuss the specifics on the wiring that would be on her building. Mr. Adamus noted that at first when he had spoken with this woman, she had a number of legitimate concerns regarding restoration and appearance issues, but that she seemed to be willing to work with Cablevision to address those concerns. flow, however, she is using every incident when someone contacts her as an excuse not to allow Cablevision access to her property. For example, one of her neighbors had approached her and tried to convince her to allow Cablevision access, and she felt that Cablevision had sent this person and that therefore she was not going to work with Cablevision. Mr. Edmundson noted that this person had not been sent by Cablevision. At this time, Mr. Haworth questioned whether or not Cablevision had any plans to provide satellite delivered, digital radio service. Mr. Ashton noted that the service exists. Mr. Ruopoli noted that Cablevision had performed a marketing test and that while the tests were positive regarding customer interest, there was a capital expense of several hundred dollars for a home unit that is necessary to receive this signal. Mr. Ruopoli noted that channel capacity is also no problem on the cable service. The Cablevision marketing test indicated that the subscribers would not be willing to buy outright the boxes required in -home. Because of this capital expense Cablevision has decided not to initiate this'type of service. ADJOURNMENT The meeting was adjourned at 8:45 p.m. The next regularly scheduled meeting of the Cable Commission is November 19, 1991. Vincent Adamus DRAFT - NOT APPROVED Minutes EVANSTON CABLE COMMISSION November 19, 1991 7:30 P.M. - Room 2401 PRESENT: Mark Dziatkiewicz, Robert Gordon, Dave Haworth, Marlo McAllister, Don Sampen, Susan Tash ABSENT: Ruth Smalley STAFF Vince Adamus PRESENT: f,EVISION: Tony Ruopoli, Willie Edmundson, Susan Bisno OTHERS Ross Rowe, ECTV PRESENT: PRESIDING: Don Sampen, Chair CALL TO ORDER The meeting was called to order at 7:30 p.m. MINUTES The minutes of the October 15, 1991 Cable Commission meeting were approved as submitted. COMMUNICATIONS letter From Paul Morton Reaardinq Cablevision Tracking Survey The Commission discussed the letter and attached survey questionnaire. The questions were from a Cablevision-conducted mail survey which showed that 88% of the respondents had an acceptable telephone experience in reaching a customer service representative. The base was those who had called Cablevision in the last 60 days. This is the information that Ms. McPhail had spoken of at the performance evaluation during the summer. Mr. Ruopoli noted that Cablevision is also conducting a telephone survey. The Commission questioned whether or not the responses will be made available to the City and Mr. Ruopoli stated he was not sure if they _ would. Mr. Ruopoli noted that the automatic response unit was put in at Cablevision in Oak Park after the survey was conducted. - ECTV October and September 1991 Monthly Updates Mr. Rowe noted that in Thursday's Chicago Sun Times there will be a review of the Rob Linkhart show, which is produced and aired on ECTV. Also, the Comedy Channel was showing highlights of the Rob Linkhart show in which = Fred Willard was one of the guests. Mr. Rowe invited everyone to the ECTV -- holiday party, Thursday, December 12th in Studio A at 6:30 p.m. CABLE COMMUNICATIONS COMMISSION Minutes of 11/19/91 . . . Page Two Ms. Tash questioned whether ECTV had received support for its middle school video program. Mr. Rowe replied that so far seven petitioned companies had responded negatively, and one company (Felpro) said they would get back to ECTV with a response on funding. Mr. Rowe noted that most companies are responding that they are funding only regional or national programs, due to their economic situation. Staff Update on Legislative Ac�lyitY Staff noted the introduction of House Bill 3560, the Cable Consumer Protection Act, stating that NATOA and the National League of Cities had both endorsed this bill soon after its introduction. This bill affords municipalities the greatest dogree of control of the cable franchising processes. Staff also noted that it is highly unlikely that any cable - related bill will be approved before the Thanksgiving Congressional recess, leaving any action for 1992. Staff noted that, due to recent judicial and FCC actions, the only main restriction left in the area of telephone and cable company interaction is a restriction of cross -ownership in the same market. In other words, a local telephone company cannot own and operate a cable system within its own market, and vice versa. Telephone companies can now get into information services within their service areas, and they can now own and operate cable systems outside of their primary areas of operation. UfNRY HAMMEL GRANT DISCUSSION. Staff noted that there has been no recent activity on the Henry Hammel Grants but volunteered to again advertise for this program, noting that an article could be put in the HIGHLIGHTS. CITY CONSUMER COMPLAINTS REPORT Regarding complaint #309, a reception problem, Mr. Edmundson and Mr. Ruopoli noted that Cablevision had initially replaced all of the fittings outside of the residence, and amplifiers nearby. The problem still persisted, however, and was finally fixed by replacing fittings inside the home. In response to Commission questions, it was noted that the customer need not be present for an outside service call but it is advantageous if the resident is home because a responding crew may not know if a problem has been fixed or not. Regarding service at 600 South Blvd. townhomes, staff noted the request of the potential customer who has been trying to get service for over a year and requested Cablevision to hook up these buildings to the extent possible, even though two of the homeowners have refused Cablevision entry into the premises. Mr. Edmundson and Mr. Ruopoli noted that they have drawn up a new plan for the buildings in which everyone would be able to get hooked up, except for three units, two of which are the denying properties. The resident who has been trying to get service would, therefore, be able to get hooked up. This new plan would cost Cablevision more since the area needed to be trenched would be greater. Cablevision would also have to seek new permission from the property owners at the north end of these buildings since this was a new plan. Also, Cablevision would need to apply for another permit with the r CABLE COMMUNICATIONS COMMISSION Minutes of 11/19/91 . . . Page Three City of Evanston before going ahead on this project. When questioned by staff whether or not they would be able to get service to these townhomes this year, Mr. Ruopoli could not say because their work will be dependent upon permission from the property owners in question. The Commission encouraged Cablevision to apply for the permits and seek permission From the property owners as quickly as possible. Regarding complaint #318, in response to Commission questions, Mr. Edmundson noted that Cablevision had attempted to wire this building two years ago but the condo association decided they did not want cable at that time. The project was then put on hold and Mr. Ruopoli noted that Cablevision had sent designs during this two year period to the management company but no response was returned. However, now the management company has decided to renew the wiring project. At this time, Cablevision is continuing. Mr. Edmundson noted that complaint #312 was resolved. He noted that the picture came back and that the poor signal quality was probably related to sun outages. These occur when the sun and the satellite are aligned such that the radiation from the sun overpowers the signal sent from the satellite to Cablevision's Head End. There was a period lasting from September through October 17th when this was occurring. He noted that the reception problem cleared up at this address. Mr. Sampen questioned whether or not despite the comment by the customer service representative that a technician would be sent out, if a technician was actually sent to this address. Mr. Edmundson stated no, no technician was ever sent. Mr. Edmundson stated he had contacted the customer and the customer said the picture was fine. Mr. Edmundson noted that complaint #316 was resolved in a similar fashion. Mr. Gordon questioned why, if the service reps know about the sun outages, don't they tell the customer, instead of saying that there is "no problem." Mr. Ruopoli noted that "no problem" may mean that there is no outage in the area. A service rep will check the video service and if it is working at that location then it is not an area outage. Mr. Sampen questioned whether or not some outages were predictable. Mr. Haworth responded yes they were, down to almost the second. He noted that the picture may degrade for a while, but there are only a few minutes where there is no picture at all. Mr. Gordon questioned why Cablevision could not advertise these sun outages. Mr. Sampen suggested including information in a bill stuffer the next time there would be a period of sun outages. The Commission suggested that there should be better communication with the customer service representatives for this type of situation so a proper response could be given to customers when they call. CABLEVISION CUSTOMER SERVICE REPORT The Commission noted the all time high number of 9,773 subscribers in Evanston. Mr. Ruopoli noted that there are typically gains in the period of September through March, but the current gains are substantial. Ms. McAllister questioned what were the six promotional disconnects. Mr. Ruopoli noted that if a new subscriber disconnects within 30 days that person receives a refund for all of the service and connection costs. Ms. McAllister CABLE COMMUNICATIONS COMMISSION Minutes of 11/19/91 . . . Page Four complimented Cablevision on advertising ECTV on Cablevision's bill. It was noted that this would occur approximately every other trill. At this time, Ms. Bisno noted that on Cablevision's public affairs show she had interviewed Mayor Barr and a CTA official regarding the proposed CTA service cuts in Evanston. This program would air Thursday, at 8:30 on local channel 51. Mr. Edmundson noted that in response to the Commission's October discussion he would be reporting complaint resolutions back to the City on a weekly basis, rather than on the current monthly basis. The Commission adjourned at 8:30 p.m. The next regularly scheduled meeting of the Commission is December 17, 199I. Vincent A. Adamus -' DRAFT - NOT APPROVED Minutes EVANSTON CABLE COMMISSION December 19, 1991 7:30 P.M. - Room 2401 PRESENT: Robert Gordon, Dave Haworth, Marlo McAllister, Don Sampen, Ruth Smalley, Susan Tash ABSENT: Mark Dziatkewicz STAFF Vince Adamus PRESENT: CABLEVISION: Tony Ruopoli, Willie Edmundson, Don Ashton OTHERS Ross Rowe, ECTV PRESENT: r PRESIDING: Don Sampen, Chair CALL TO ORDE.R The meeting was called to order at 7:33 p.m. MINUTES The minutes of the November 19, 1991 Cable Communications Commission meeting were approved as submitted. C(iMMUN I CAT IONS ECTV November 1991 Monthly Reoort - Mr. Rowe noted that ECTV has been approved for a loan for $50,000 to purchase equipment. ECTV was buying mostly replacement equipment: Edit Suite Decks, a laser printer, a multi -camera portable studio. Mr. Rowe noted that ECTV has a good relationship with the Evanston Public Library's Author program. They have conducted half-hour interviews with all of the authors that have spoken at the Library, and these taped interviews are available for checkout at the Library. In response to Commission questions, Mr. Rowe stated that both ECTV and the Library are publicizing the Author program. Regarding the $50,000 loan, Mr. Rowe stated the loan is secured and is to be paid back over four years with terms of 8%. Mr. Rowe noted that ECTV does have other funds available but wanted to keep them as a nest egg and felt that getting a loan for the equipment was more useful to ECTV at this time. He noted that currently ECTV leases much equipment at higher rates than the rate ECTV will be paying off this loan. The equipment purchased through this loan will replace the equipment that ECTV is currently leasing. CABLE COMMUNICATIONS COMMISSION Minutes of 12/19/91 . . . Page 2 4 4 Regarding ECTV's classes, Mr. Rowe noted that most classes have been fully booked recently and are booked through March except for the advanced courses. Cable Service Rate Increase The Commission questioned staff as to the costs for cable service in other communities. Staff noted that most other communities are also experiencing a price increase. For example, Skokie's basic service has increased to $21.95. Staff felt that Cablevision's prices are still within the range of prices for other communities, although at the high end. Staff noted that the IL-NATOA group in which he is active is currently conducting a survey of cable rates and will have the data available in a few months. In response to Commission questions, Mr. Ruopoli noted that all communities that Cablevision serves have the same rates for service. Mr. Ruopoli also noted that there is not much disconnect activity due to this price increase yet, but Cablevision expects this activity to increase when the first bill showing the increased charges is sent to customers. Emeroencv Override Failure of IZ/2191 Staff described his attempt to use the override to announce the Snow Route Parking Ban on December 2nd. He was not able to gain access to the override system because the phone line was busy at the time. Staff noted that Cablevision personnel were able to fix the problem the next morning. The problem was in a switch which should have deactivated the system. The last time it was activated the deactivation did not occur and the system "thought" that someone was trying to use it prior to staff's call. Staff noted that Cablevision personnel were willing to go out and fix the problem the night of December 2nd, but that due to distances and travel delays due to the snowfall, Cablevision staff would not have been able to get to the Headend where the work was required to be performed, until after 11:00 p.m. It was staff's decision at that time to wait until morning, since 11:00 p.m. was when the Snow Route Parking Ban began and the override would not have been possible until sometime after 11:30 p.m. The Commission asked Cablevision representatives how often the emergency override system was tested. Mr. Ashton stated that the system is tested monthly (internally), and the last time it was tested it worked and that the system must have failed afterward. Mr. Ashton noted that it could have been their test that activated the system. Mr. Ashton stated that the switch itself failed and was subsequently replaced by Cablevision staff. Mr. Haworth noted that the system had also not worked last year. Staff noted that at that time the override had worked on only a few Channels. At that time Cablevision staff had also worked the next morning and repaired the problem. Fir. Ruopoli noted that Cablevision would be willing to test this system more often. Ms. McAllister questioned whether or not there could be a backup for this system so that chance of failure would be minimized. Mr. Sampen agreed with staff that this is a very serious matter and does constitute an infraction of the Franchise Agreement. Mr. Gordon made a motion to impose a $250 penalty, the maximum to, - CABLE COMMUNICATIONS COMMISSION `N Minutes of I2/19/91 . . . Page 3 stipulated in the Franchise Agreement, because this was the second time that the override did not work correctly. Ms. McAllister questioned whether or not the City was at fault for infrequently testing the system. Staff noted that testing was done on a quarterly basis, that a conscious decision was made not to test the system more often because of the disruptive nature of the tests on the public's viewing. Ms. Tash seconded the motion on the table, noting that the imposition of a fine may ensure that the override works correctly next time. Mr. Ruopoli noted that it may have been Cablevision's test that flipped the switch on in the first place. Mr. Sampen noted that the testing procedure that Cablevision has adopted of once per month seems reasonable, but the Franchise Agreement does not mention anything about faults. The wording is absolute in that if the system fails a fine may be imposed. He noted that if Cablevision hadn't tested the system at all it would be an aggravating circumstance whereas more testing would be a mitigating circumstance. Mr. Haworth questioned whether or not Cablevision would be willing to put in a backup in lieu of a fine. Mr. Ruopoli noted that he was not sure offhand, but that if the Commission was willing to hold this discussion until next month's meeting Cablevision would be willing to look into it. Mr. Sampen noted that the Commission's and City's goal is to ensure that the override system works, not that the fine be levied. Mr. Gordon withdrew his motion in lieu of putting this item on the agenda for the next meeting and hearing Cabievision's response to the matter. 1992 Commission Meeting Schedule The 1992 meeting schedule was accepted by the Commission. EXPIRATION OF DON SAMPEN'S TERWELECTION OF A NEW CHAIN Mr. Sampen noted that tonight's meeting was his last meeting since his term of membership to the Cable Communications Commission was expiring, and that the Commission would need to elect a new chairman. Nominations were opened and Ruth Smalley nominated Dave Haworth. Ms. McAllister seconded the nomination. No other other nominations were forthcoming and Mr. Gordon moved for closure of the nominations. This motion was seconded and agreed upon by the Commission. At this time Mr. Haworth stated he would accept the position as Chairman of the Commission. The Commission voted unanimously to accept Dave Haworth as the new Cable Communications Commission Chairman. Mr. Ruopoli noted that Mr. Sampen's leaving was bittersweet; that Cablevision enjoyed working with Mr. Sampen and was sorry to see him go. Mr. Ruopoli also noted that Cablevision is looking forward to working with Mr. Haworth as the new Chairman. CITY REPORT ON CONSUMER COMPLAINTS Staff noted that he and Darlene Garner will be logging complaints regarding the rate increase as a formal complaint, even though the resolution will most likely be different than what is found on other complaints. Mr. Ruopoli thanked staff for taking these complaints, because then Cablevision will be able to respond to each individual regarding the rate increase. Mr. Ruopoli CABLE COMMUNICATIONS COMMISSION Minutes of 12/19/91 . . .Page 4 noted that programming rates in many cases were increasing 10 to 20% for Cablevision. Another increase in prices for Cablevision necessitated the rate increase which will take effect February 1, 1992. In response to Commission questions Mr. Ruopoli noted that Cablevision has not looked at Encore pay service as an addition to their lineup. Mr. Ruopoli noted it is operated by TCI. Mr. Edmundson noted that the cost for this premium channel is roughly $4.00 per month in TCI systems that carry it. Regarding Complaint #320 Mr. Edmundson noted that the outage is intermittent. Mr. Edmundson has spoken to the customer who will call Mr. Edmundson when the problem occurs. Mr. Edmundson noted that Complaint #321 was resolved. The charges that the customer was citing for remote control were removed from the customer's bill. Regarding Complaint #316 Mr. Edmundson felt that the intermittent outages may have been due to the sun outages discussed at the previous Commission meeting. Regarding Complaint #298 Cablevision currently has the necessary Rights -of -Way to begin construction at this townhome complex. Staff noted that on December 1st Cablevision's construction permit had been approved by the Engineering Department and mailed to Cablevision. Cablevision noted that this project could, therefore, begin soon. CABLEVISION CUSTOMER SERVICE REPORT This report was accepted by the Commission. The Commission noted the high number of disconnects. Mr. Ruopoli noted that the 320 disconnects for this time period was not unusual and is not due to the service rate increase. _URVICE AVAILABILITY The Service Availability Report, the staff's Apartment Construction Update and the Cablevision Monthly Construction report were all accepted by the Commission. ADJOURNMENT The Cable Communications Commission adjourned at 8:40 p.m. The next regularly scheduled meeting of the Cable Communications Commission is Tuesday, January 21st at 7:30 p.m. Vincent Adamus e