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HomeMy WebLinkAboutMinutes 1989..—r PRESENT: ABSENT: GUESTS: STAFF: CABLEVISION: PRESIDING: Minutes Minutes CABLE COMMUNICATIONS COMMISSION January 17, 1989 Mark Dziatkiewi.cz, Dave Haworth, Helen Joseph, Don Sampan, Ruth Smalley Clayton Brown, Marlo McAllister Alice Snyder, Don Pinkert, Freddi Greenberg, Bruce Drucker Sally Roethle Charles Bartolotta, Willie Edmundson Don Sampen, Chair Minutes of the December 20, 1989 regular meeting were approved as submitted. Chair Sampen welcomed new Commission member, Helen F. Joseph, noting appreciation for her interest and time commitment to the work of the Commission. Public Comment Freddi Greenberg, 325 Greenwood, addressed complaints to the Corns ssion regardLng Cablevision underground construction, at the end of September 1966, across the backyard lots of townhome property which she and adjacent neighbors own. Ms. Greenberg stated that without prior notice, a crew dug out a =react along the Newly sodded yard area, left five feet of cable abode ground and a n�_ _s fact .ride open area. in an unacceptable attempt to restore the landscaping, a 4ary «as left_ .there cablo vas laiA and buried which prevents proper jar 1 a_ a_..a;e. 7azlev lion _ and the o were non is Led .f these problems and restoratio-:. n __.. lays.as assayed. 7o date restoration has not been completed. Commission action to ensure proper restoration was requesteu. Ms. ireen er_ also noted that a year prior three other homeowners requested r.._ zs�L d not get cable tv service at that time, two of the three made other arrangements ::r television reception. Mr. Dan Pinkert and fir. 3ruce Druc'iert, ne_ghbors in t~r_- : ,(-- :ar^plex, stated that Cablevis_on permission to do this work was grant& - : =~.e _ice property titles were conveyed to the current owners. CABLE COMMUNICATIONS COMMISSION 1/17/89 Minutes...2 In response to Chair Sampen's request for a Company explanation, Cablevision System Manager Willie Edmundson stated that in 1987 a right of entry agreement was finalized between Cablevision and Al Musetti, the architect for the property developer, R. H. Chou. When construction was done in September, a gas line incorrectly located by the utility, was damaged. After gas company repairs a hole was left open which Cablevision has offered to properly restore. Chair Sampen asked for a formal written response from Cablevision regarding their legal right to cross these properties, copies of any signed agreement, and a full explanation on restoration. Cablevision Asst. General Manager Charles Bartolotta stated that full restoration will be completed as soon as possible. Alice Snyder, 1234 Elmwood, asked for Commission response on why Evanston cable tv rates are high and increased yearly, why Evanston has poor off -air tv reception, and if the City can seek another cable franchise to reduce costs. Chair Sampen responded that the City cannot regulate cable television rates but that the franchise agreement with Cablevision is non-exclusive; the Commission can also keep these issues in mind at the time of franchise renewal. Chair Sampen then requested that Staff provide a report on cable tv rates in the Chicago area. Dave Haworth suggested limiting the report to larger sized communities because of sample size and to Basic services due to wide variations in programming on different cable systems. It was agreed that the highest cost for service should also be included. Chair Sampen noted that the Commission is not suggesting that the City seek a competing cable operator at this time. Jimmie McRaith, 1107 Colfax, stated dissatisfaction with the 1989 rate increase, noted a 300% increase in rates since 1985 which far exceeds inflation rates, and asked for Commission investigation of other possibilities for cable service in Evanston. r1s. McRaith stated that no prior notice of the increase was received and suggested that the cable operator be encouraged to improve rate increase notif_cat_on information. Bartolotta responded that the Company sends rate _ncreaoe -.crises 41_i- billLng statements at least thirty days in advance which is often overlooked by subscribers. He also noted that while increased profits for business are the main mason for rate increase, the Company attempts to cooperate with local regulatory ConM_ss_ons to ?nsure that all subscriber requirements are met. He noted very low rates, .1134.50 and a2.00 for Basic service in 1983 and 1984 'were unsuccessful atterI :O Z_c:-act increased numbers of sutscr_bers and --hat the too service oac{a,7F $ 59.95 since _983. `dark Dziatkiewicz stated that the number of subscribers i-3 %fc: ar. ar,LLMent for increasing system wl-de rates because a system lice Evanston wn '-as 'Nigh �3eographic density should not increase expenses. He suggested -ab1evis_on initially marketed services much too low and that the basics of c-az.e profits is in direct proportion to the total number of subscribers; Cablevision rates have Fluctuated so Dramatically because initial rates were so excectiOnall, _ow. Dziatkiew= noted that by federal law cable ooerates in a free -arket S:stem. ll ,al,��l,,�,�=ail i'9 li CABLE COMMUNICATIONS COMMISSION 1/17/89 Minutes ... 3 Snyders comments about poor tv reception in Evanston were clarified by noting that problems are on off -air viewing, not on cable tv services, but that these problems necessitate cable service For many residents in Evanston. Haworth stated that signal reflection off the Sears Tower creates a ghosting effect which normally worsens on channels 2,5,9 and 11 for viewers farther west. He stated that many factors can impair reception and as a professional television engineers with a major broadcast network in Chicago he is aware of many viewer complaints from residents in towns other than Evanston. Bartolotta stated that Cablevision solved the Wi3HM TV ghosting problem by microwaving that broadcast signal from Oak Park to Evanston. Ann Satz, 355 Hinman, complained about the $6.50/month charge for a remote control device, felt to be too high, and suggested that Cablevision include the device at no add on charge. Edmundson stated that the Company will provide a free remote control device to invalids if requested at the time service is sold. Consumer Services Ruth Smalley suggested that Cablevision add to the customer ser7Lce system a phone message to inform subscribers of outage problems when these occur, to let subscribers know that that the Company is working to correct the problem and how long it is expected to take to correct. She noted that subscribers can spend hours trying to reach the Company getting only a busy signal. Mark Dziatkiewicz noted that peak calling problems are a problem for all businesses. The City Consumer Complaint Report for 12/88, accepted as subm_tted, included one billing complaint (resolved), one signal quality complaint (resolved) and one rate increase complaint (no action expected). Cablevision Consumer Complaint Report for 12/88 was accepted as submitted, Chair Sarmpen noted a gain of 169 subscribers and current count of 7,6-? subscribers. ServLce AvailanilLty In response to Smalley's inquiry,,about Company record keeping on the number of residents contacted by Sales Ln apartments released after construction,Sartolotta stated that such buildings are vLsrted by a representative and ~.az -ate for all but 34 of 514 units recently released,visLts or attempted vise-_, 'made. . response to an inqu,r, about Presbyterian Homes the residences :save not yet been released to sales. RegardLng the Sherman Garden Apartments Edmundson stated tna,; es, -In pr3posai for construction has been submitted to the architect for the hLi::'i^a. Cablevision is willing to meet with additional representatLves For the CABLE COMMUNICATIONS COM24ISSION 1/17/89 Minutes...4 Discussion of the free service grant program was postponed to February. Annual Report A final draft of the 1988 annual report to City Council was reviewed and finalized for distribution. Company Questions and Answers Chair Sampen asked that Marlo McAllister's suggestion, that the Commission consider a ways to provide more objective verification of Company compliance with billing complaint resolution within the seven day franchise agreement requirement, be included on the February agenda. adjournment The meeting adjourned at approximately 9:00 p.m. The next regular Commission meeting will be held on Tuesday, February 21 at 7:30 p.m. in roan 2401 of the Civic Center. /,ter U, 1- staff cc: Joel Asprooth, City Manager Minutes CABLE COMMUNICATIONS COMMISSION March 21. 1989 PRESENT: Dave Haworth, Helen Joseph, Marlo McAllister, Don Sampen ABSENT: Clayton Brown, Mark Dziatkiewicz, Ruth Smalley GUESTS: Freddi Greenberg, Peter Fowler STAFF: Sally Roethle CABLEVISION: Irene McPhail, Willie Edmundson, Don Ashton PRESIDING: Don Sampen, Chair MINUTES Minutes of the January 17, 1989 meeting were approved as submitted. PUBLIC COMMENT Peter Fowler, a resident of Evanston for 18 years, addressed the Commission regarding cable television rates. He stated his opinion that cable rates in Evanston are very high. that for the same service subscribers in Chicago pay less and asked what the Commission can do and why this is permitted. Chair Sampen responded that the rate issue was raised at the Commission's Tri-annual Hearing of Cablevision's performance. He informed Mr. Fowler that the Commission is limited regarding rate regulation according to Federal law. He noted that rising rates will be cons:'-ared at the time of franchise renewal, but that apart from that the Commis_::n is conducting a study of cable service rates in the metropolitan area. Until then there is not sufficient information to make a judgement regarding rate comparisons among surrounding communities. In response to Mr. Fowler's suggestion that another cable company be allowed to provide service in Evanston, Chair Sampen noted that the franchise agreement allows for that but given the nature of the cable industry, it is a drastic solution, a big gamble, and something that has not proven successful in other _'.=ies. Commission member McAllister suggested that Mr. Fowler put his in writing for the permanent records of the Commission. a • . CABLE COMMUNICATIONS COMMISSION Minutes of 3/21/89 . . . 2 Cablevision System Manager, Willie Edmundson, stated that comparisons really require looking at the entire picture of what a cable operator provides to a particular community. He noted that most cable service rates are relatively close in price throughout the metropolitan area. Commission member Haworth reminded those present that Evanston also has Evanston Community Television Corporation (ECTC), which is financed by subscriber rates. Chair Sampan again urged Mr. Fowler to put his rate complaint in writing. COMMUNICATIONS The Commission accepted Cablevision's letter of February 7, 1989, regarding the new assignments for access channels in Evanston. Channel 29 will be ECTC, Channel 30 will be District #65, Channel 31 will be ETHS Information Service, Channel 32 will be ETHS Student Programs and Channel 33 will be City Cable. The Commission also accepted Cablevision's letter of February 28, 1989 regarding the new lineup of all cable service channels in Evanston. General Manager, Irene McPhail, explained that as of May 1, these new channel assignments will be effective and that Cablevision is adding a new service; The Consumer News Business Channel (CNBC). Subscribers will be notified in advance by Cablevision. The Commission then discussed Cablevision's letter of February 1, 1989 regarding restoration of property at 325 Greenleaf. Chair Sampan stated that there are two issues involved regarding the problems at this property: 1. The written access agreement for Cablevision to enter the property to construct, and provide cable television service was entered into prior to the sale of the properties, between Cablevision and the developer, and the written letter was not recorded and not made part of the property sale deeds. 2. Complete restoration of the underground construction site in the back yard lots of the properties, across which cable was buried, has not been done to the satisfaction of the property owners. Me. Freddi Greenberg of 325 Greenleaf was present at the meeting and informed the Commission that homeowners at this location are still concerned about the company's lack of notice prior to construction, the fact that there was no recording of this access letter of agreement between the developer and owners and that an 18 month period passed before Cablevision actually began the construction work in September of 1988 and the company did not check to see if the property had changed hands. She stated that if Cablevision is allowed to do this others could do this too posing a threat to property owners. She further stated that restoration is needed, a portion of which crosses the length of the back yard, a ridge- s� CABLE COMMUNICATIONS COMMISSION Minutes of 3/21/89 . . . 3 like mound, a drainage problem, changed contour of the back yard, and sod that does not match original sodding. Ms. Greenberg asked for the Commission's support in having Cablevision complete the work to fully restore the site. Edmundson stated that Cablevision will restore the areajthat the ridge will settle in the spring and that the reason the area was restored with a slight mound was to prevent a depression in the ground which frequently happens after underground construction. He also stated the company will add sod so that it matches the original work. Don Ashton, Cablevision's Chief Engineer, concurred with Edmundson and stated that the company will have work completed this spring. Irene McPhail, Cablevision's General Manager, stated her appreciation of the patience of the homeowners but explained that the document used for the easement was a standard legal document prepared by the company attorneys and clearly stated the company's right to proceed with construction. Chair Sampen responded that the problem was with a failure to record the document. Ms. Greenberg also noted that at the time of construction, there was an accident and that one of the construction workers for Cablevision was injured and she suggested that the company look into this and provide better supervision of crews doing this type of work. COMMUNICATION ON EVANSTON/SKOKIE INTERCONNECT Staff reported that the interconnect to provide service for Skokie residents for Evanston Township High School programming has been completed and activated as of February 28, 1989. The Commission accepted a preliminary staff report on basic service rate comparisons in six municipalities including Evanston. Staff noted that additional information will be made available for the April meeting, including rate information from a number of other cable operators service a number of other communities. It was also noted that there is considerable difficulty making these comparisons because of the differences in services provided to subscribers including numbers of channels, types of programming services, and other services to subscribers including the availability of customer service for particular number of hours on any given day, cable television guides, community programming, equipment and facilities, and the number of channels available on a given system. McAllister suggested that Cablevision is overlooking an opportunity to explain to subscribers how their service is better. McPhail responded that all subscriber inquiries are responded to personally and in writing within a week's time, and that the company's marketing approach has not been directed at making comparisons because it is not felt to be the best approach. Commission member Helen Joseph suggested that Cablevision breakdown elements of service objectively in their billing statements. She suggested that additional services provided to Evanston subscribers should be made CABLE COMMUNICATIONS COMMISSION Minutes of 3/21/89 . . . 4 known according to the actual costs to subscribers. Commission member Dave Haworth stated that the cost to subscribers for funding for ECTC is approximately $2 to $3 per month. It was suggested that if Cablevision could make significant gains in the number of subscribers in Evanston that rates may provide a better return to the company and that could slow the upward spiral of increases on a regular basis. McPhail stated that it is her goal to see Cablevision serve over 10,000 subscribers in the next 18 months. ECTC ANNUAL REPORT The Commission accepted the annual report presented by ECTC. Chair Sampen suggested that the Commission schedule a hearing and invite ECTC and the public to comment on this report. It was agreed that the public hearing will be held at the Commission's regular meeting on May 16. In response to a suggestion by McAllister that the Commission look into ECTC's concerns regarding equipment maintenance, Chair Sampen suggested that staff send a letter to ECTC asking them to prepare to bring to the public hearing any problems that they feel the Commission should address in this regard. CITY CONSUMER COMPLAINT REPORT FOR JANUARY & FEBRUARY 1989 Staff reported that in January three rate complaint reports have been received and one construction complaint was received and has been resolved. For February, two complaints were received, one rate complaint and one complaint regarding Service Not Available, which has not yet been resolved. CABLEVISION'S CONSUMER COMPLAINT REPORTS FOR JANUARY & FEBRUARY Cablevision's Consumer Complaint Reports for January and February were accepted. Chair Sampen noted that the new subscriber count is now 7,828 and that the company continues to make gains in this regard. In response to two Commission questions, McPhail stated that the company has filed suit against Schermerhorn and Company for failure to allow access to apartment buildings to provide services requested. She noted that an injunction hearing has yet to be scheduled. Chair Sampen stated his appreciation of System Manager Edmundson's correspondence regarding requests at properties for which service is not available. McPhail informed the Commission that Cablevision has reached an agreement with Northwestern University to provide a test service to one of the University's dormitories beginning in the fall. A CABLE COMMUNICATIONS COMMISSION Minutes of 3/21/89 . . . 5 $1.000 IN FREE GRANTS The Commission asked that this item be kept on the agenda. McPhail stated that two additional weeks are needed to provide a complete response to the Commission's proposal for providing the free grant service. There being no further business, the meeting adjourned at approximately 8:30 p.m. The next regular meeting of the Cable Commission will be held on Tuesday, April 18, at 7:30 p.m. in Room 2401 of the Civic Center. Sal�y Roett le, Staff cc: Joel Asprooth. City Manager DRAFT -NOT APPROVED Minutes EVANSTON CABLE COMMUNICATIONS COMMISSION April 18, 1989 7:30 P.M. Present: Dave Haworth, Marlo McAllister, Don Sampen, Ruth Smalley Absent: Clayton Brown, Mark Dziatkewicx, Helen Joseph Staff: Sally Roethle, Vincent Adamus Cablevision: Willie Edmundson, Irene McPhail Presiding: Don Sampen, Chair Chair Sampen called the meeting to order at 7:30 p.m. and welcomed Vincent Adamus, Management Intern in the City Manager's office, who was attending the meeting for the first time. MINUTES The minutes of the March 21, 1989 meeting were approved as submitted. COMMUNICATIONS Staff report on basic service rate comparisons Adamus explained to the Commission a report, received in the packet materials, on various programming and service rates from one of each of the communities served by cable operators in the Chicago Metropolitan area, with the exception of the Continental system in Elmhurst. He noted that additional information can be obtained on each of these systems if the Commission so chooses. He then distributed an article from the April 17 issue of "NATION CITIES WEEKLY" on a Senate hearing regarding cable television rates and rising concerns of cities throughout the country in that regard. He noted that the views of Evanston subscribers are shared across the country regarding the high cost of cable service. In discussion it was noted that there are differences in the basic service line ups including differences in the numbers of channels offered and some variety in the services offered. Willie Edmundson, Cablevision Systems Manager in Evanston, noted that in some cable systems there are certain Basic services offered which are premium services in other systems such as American Movie Classics. It was noted that Cablevision offers 41 programming services on the basic CABLE COMMUNICATIONS COMMISSION Minutes of 4/18/89 . . . 2 lineup and that on some channels there are two services offered at different times during the day. McPhail noted that in addition to the information reported by staff, there are a total of 5 systems in the Chicago area that charge $18.95 for Basic service including Naperville, which is served by Jones Cable Company. Chair Sampen commented that the staff report was very informative and noted that Evanston Basic service rates are slightly higher than most surrounding communities. Edmundson noted a correction to the report to indicate that FM service is available from Cablevision throughout the communities it serves; there is a $15 charge for installation and a $3 per month charge for this service. Edmundson noted that the costs beyond Basic indicate that in many systems prices are similar or even more expensive than Evanston if you include a pay service with Basic or the Disney and HBO option. Haworth noted that remote control costs are quite a bit higher for Evanston subscribers. Irene McPhail, Cablevision General Manager, responded that Cablevision offers a deluxe remote control for $6.50 and that device offers volume control, channel control, a mute function and automatic fine tuning and that in addition, there is a standard remote control device for $5.00 per month. Ruth Smalley commented favorably on the deluxe remote control and features that it offers. Sampen stated that with the report completed regarding rates, the Commission has gone as far as it can due to Federal pre-emption of rate regulation. He suggested that while Cablevision rates seem to be on the high side, it is not unlikely that other cable companies may catch up to the basic service rate charged by Cablevision. Marlo McAllister suggested that staff provide a copy of this report to Mr. Peter Fowler, a resident, who attended the March meeting and stated his objections to the Commission regarding cable television rates. Staff agreed to provide same and noted that Mr. Fowler has not yet submitted his statement in writing as suggested by the Commission but that he would be asked again if he would be willing to do so. Public HearinK Notice for ECTC Annual Report/Public Hearinr, Staff reported that notices of the Public Hearing, to be held by the Commission at the May lb meeting, regarding the ECTC Annual Report, had been sent to 192 community groups and organizations and to all access users on ECTC's mailing list. In addition notice will be sent to the local newspapers in Evanston for additional publicity prior to the meeting date. Staff noted that ECTC had been asked about outstanding issues which they would like the Commission to address or to study in preparation for the public hearing and that ECTC has stated that there are no issues or topics for an agenda of that kind. Chair Sampen noted that he has received three letters in the past month from Irene McPhail. One letter described the company's marketing efforts to target specific demographic groups in the city of Evanston. CABLE COMMUNICATIONS COMMISSION Minutes of 4/18/89 . . . 3 Staff noted that Cablevision provided copies of marketing materials to be used in that marketing program and samples were distributed for Commission viewing at the meeting. Smalley commented that the marketing pamphlets were very good looking and that she felt that the wording would entice residents and make cable particularly appealing. McPhail responded that there are six or seven versions of those pamphlets which have been prepared for specific demographic groups in Evanston and thanked the Commission for their positive feedback on these materials. The second letter dealt with an agreement with ECTC regarding services to ECTC as required by the Franchise Agreement for engineering and equipment maintenance services. McPhail noted that this is a substitute agreement and requested Commission direction as to how to formalize this. Staff suggested that a formal written agreement signed by the General Manager of Cablevision, the president of ECTC's Board of Directors, and the Commission Chairman has served in the past for modifications of this kind. Chair Sampen requested that staff check with the City Attorney to formalize this agreement. The third letter dealt with Cablevisions offer to assist in promoting ECTC in community programming in Evanston. Chair Sampen requested that Marlo McAllister provide an update on her activities as the Commission's liaison to the ECTC Development Committee. McAllister reported that the ECTC Development Committee was established to facilitate ideas for fundraising. She noted that the Committee is working on a means to solicit funding of printing costs of a general news brochure about ECTC that could be distributed throughout the community in public places and at ECTC. The purpose of the brochure is to explain what is offered in community programming. She noted that the Committee has created a fundraising letter which has been sent out to approximately 500 people announcing the creation of a new logo, ETC., designed by a local Evanston marketing firm. McAllister distributed a copy of the new logo design for ECTC. She noted that the fundraising letter tends to raise the case for money needed to cover the expenses of printing the brochure and promoting community television in Evanston, and timed to publicize the move of ECTC's channel from 24 to channel 29. Chair Sampen requested that McAllister continue to provide updates as new developments occur. CONSUMER SERVICES City report on Consumer Complaints - March 1989 Staff reported that for the month of March, 5 complaints have been received. One construction complaint was received and resolved and four billing complaints were received, four of which have been reported by Cablevision as resolved. In response to Commission questions, Willie Edmundson reported that the company will begin restoration at 325 Greenleaf the week of April 24. CABLE COMMUNICATIONS COMMISSION Minutes of 4/18/89 . . . 4 Cablevision Consumer Services Report - March 1989 The report was accepted as submitted. Chair Sampen noted that Cablevision is reaching new heights in the numbers of subscribers. As reported, there are 7,930 subscribers in Evanston as of March 31, 1989. SERVICE AVAILABILITY Apartment Construction List Update for lurch 1989 In discussion, Marlo McAllister commented that Cablevision has submitted a design to the architect representing Sherman Gardens regarding installation and that a third revision is now under consideration. McPhail noted that Cablevision is moving forward with a test project to provide service to a graduate student housing apartment building owned and managed by Northwestern University. Cablevision Monthly Construction Report The report for March was accepted as submitted. 1,000 Free Cable Hookups Chair Sampen asked for the company response to the City's proposal on the Franchise Agreement requirement for 1,000 free cable hookups. McPhail apologized, noting that although the report was due two weeks ago she could not provide a definite response. McPhail stated that she sees a great deal of merit in some of the alternatives proposed in the Commission's report but that the problem is a delay in authorization from the corporate offices in New York. She suggested that the Commission's immediate option is to proceed to request that Cablevision go ahead with the requirements as stated in the Franchise Agreement or to agree to give additional time to company consideration of alternative proposals. Chair Sampen stated that he would not be reluctant to go ahead with the Franchise Agreement requirement but that there would be advantages to the population of residents that could be served and to Cablevision in the alternative proposals. In discussion it was agreed that by Tuesday, April 25 Cablevision will respond to consideration on the alternative proposals, in writing, to City staff, for consideration by the subcommittee working on this project. He noted that the subccrunittee could then discuss it and comment. McPhail commented that the worst case scenario would be to require the company to proceed with the project as defined in the Franchise Agreement. Chair Sampen reviewed a staff letter regarding the Cable Television Information Center which is going out of business and a suggestion that the City sign up for membership with Miller and Holbrooke Information Services which provide a like service to local and state governments. In discussion the Commission agreed, noted a savings of $100 per year on this budgeted item. CABLE COMMUNICATIONS COMMISSION Minutes of 4/18/09 . . . S CALL IN QUESTIONS Chair Sampan reviewed call -in comments from a subscriber who stated that he had subscribed at a time when a free service was offered but was incorrectly billed; the situation has since been resolved. Additional complaints dealt with interruptions of service on a frequent basis and lack of response to the subscriber on the customer service line. Chair Sampan asked that Cablevision address these complaints in a follow up communication to the subscriber. The meeting adjourned at 8:30 p.m. The next regular meeting of the Cable Communications Commission will be on May 16, 1989, in Room 2401 of the Civic Center. Sally4Rethle, Staff DRAFT - NOT APPROVED Minutes EVANSTON CABLE COMMUNICATIONS COMMISSION May 16, 1989 7:30 P.M. Present: Mark Dziatkiewicz, Dave Haworth, Helen Joseph, Marlo McAllister, Don Sampen, Ruth Smalley Absent: Clayton Brown Staff: Vincent Adamus Cablevision: Willie Edmundson, Tony Ruopoli, Ken Tremback Guests: Larry Lichty, Marcia Standiford, David Hast, Ann DeBrauw, Jean Hubbel, PresidinK: Don Sampen, Chair Chair Sampen called the meeting to order at 7:37 p.m. and introduced Larry Lichty, President of the Board of Directors of Evanston Community Television Corporation (ECTC), who introduced Marcia Standiford, Executive Director of ECTC. Hs. Standiford presented the Commission with ECTC's 1988 Annual Report. An account of her presentation is attached. The Commission agreed among themselves that members could certainly become members of ECTC. McAllister, as a member of ECTC's Development Committee, noted that they have a goal of $2,000 for coverage of the costs for the new brochure advertising ECTC's change in name to the Evanston Television Corporation. Any membership fees may be requested to go towards defraying the costs for the new brochure. MINUTES The minutes of the April 19, 1989 meeting were approved as submitted. COMMUNICATIONS Cablevision presented two letters, one describing a scheduling adjustment to the new channel line-up; namely, the interpositioning of Channels 19 and 8. The second letter concerned a rate adjustment scheduled for July 1, 1989 for those customers who signed up with the Disney or AMC Options previous to January 1, 1989, Ken Tremback, Program Manager for Cablevision, stated that channels 2-29 are now consistent across Chicago c=unities served by Cablevision. Willie Edmundson clarified a question fr�n the Commission by replying that the basic service includes 41 separate ".sr.nels, but not 41 separate channel positions. Some channels share channel r^sitions, airing at different times of the day. CABLE COMMUNICATIONS COMMISSION Minutes of 5/16/89 . . . 2 FRANCHISE FEE AUDIT Chair Sampen acknowledged receipt of a proposal from the firm of Karrison and Burn to perform an audit of Cablevision's revenues. The Commission directed staff to construct a request for proposal and to solicit bids for the purpose of performing the audit. CITY REPORT ON CONSUMER COMPLAINTS - APRIL 1989 Staff reported that for the month of April, 1969, six complaints were received. One, for Service Not Available (1t201) remained unresolved at the time of the meeting. Edmundson reported to the Commission that 11199 has been resolved by restoring the hardwood floors in question, and there is service now available at 2800 Lakeside Court W168). Concerning 1516 Hinman W190), the Condo association will meet later in May to discuss the issue. Yard restoration complaints numbers 171, 172 and 173, were completed May 6. Edmundson noted, however, that underground sprinklers were also put in at 325 Greenleaf and may affect the appearance of Cablevision's yard restoration. CABLEVISION CONSUMER SERVICES REPORT - APRIL 1989 An amended report was presented by Edmundson showing a loss of 22 subscribers during the month, explaining that the change was due to non -paid disconnects. Chair Sampen suggested to Edmundson that Cablevision write a letter to the Greenbergs of 325 Greenleaf informing them of the restoration's completion. SERVICE AVAILABILITY Commission accepted a letter summarizing requests for service (where service was not available) during the month of April, 1989, adding 806 Oakton Street to the list. APARTMENT CONSTRUCTION LIST UPDATE FOR APRIL - 1989 The list was amended to show that 1570 Oak was the bu, _c::g y-sestic^ , not 1590; and that 1570 Oak had 105 units, and 807 Church F;, 55 units (arr.ending page two of the update). The building at 806 Oakton was -_"ded to the list of construction projects pending. Edmundson noted that construction was to begin at 1856 Sherman during the last week of May, as the design had been approved. CABLEVISION MONTHLY CONSTRUCTION REPORT - APRIL 1989 The report was accepted as submitted. CABLE COMMUNICATIONS COMMISSION Minutes of 5/16/89 . . , 3 1000 FREE HOOKUPS Ruopoli noted that Cablevision is prepared to go ahead with this program, and can secure the necessary traps. The City must let Cablevision know, however, which channels will be offered under this program. McAllister questioned whether we can have more than one channel available to recipients of this program. Ruopoli stated that he would look into the Franchise Agreement on this topic. Cablevision did not have a specific timeframe available for implementation of this program. Chair Sampen asked staff to put together a program for implementation of this service, based upon previously considered income criteria, said program to include provisions for publicity and a concrete proposal for implementation. CALL -IN QUESTIONS Irving Diamond called in to clarify a comment made earlier that 601 of the people surveyed watch "community programming," not ECTC, as previously stated. Chair Sampen agreed. The meeting adjourned at 8:40 p.m. The next regular meeting will be held June 20, 1989 in Room 2401 of the Civic Center. Vincent A. Adamus, Staff cc: Joel Asprooth L DRAFT - NOT APPROVED Minutes EVANSTON CABLE COMMUNICATIONS COMMISSION June 20, 1989 7:30 P.M. Present: Mark Dziatkiewicz, Dave Haworth, Helen Joseph, Marlo McAllister, Don Sampen Absent: Clayton Brown, Ruth Smalley Staff: Sally Roethle Cablevision: Irene McPhail, Don Ashton, Willie Edmundson, Rich Gunderson Presiding: Don Sampen, Chair The minutes of the May 16, 1989 meeting were approved as submitted. COMMUNICATIONS Draft Report on Commission Assessment of Evanston Community Television Corporation (ECTC) The Commission reviewed a revised draft report to City Council on the ECTC Annual Report for 1988. Chair Sampen asked that members review the revisions and contact staff by June 27, 1989 with any additional changes or corrections. Staff was requested to then submit this report for City Council review. The Commission reviewed two letters submitted by Cablevision as addressed to property owners at 325 and 335 Greenleaf regarding property restoration. Willie Edmundson noted that the 325 Greenleaf sodding replacement was redone in response to a request from that property owner. According to Edmundson, full restoration has been completed to the satisfaction of the property owners. The Commission then reviewed a letter of June 9, 1989 regarding an Evanston resident's commendation on the work of one 'if Cablevision's employees, Ray Keatts. CABLE COMMUNICATIONS COMMISSION Minutes of 6/20/89 . . . 2 CABLEVISION'S REQUEST FOR TERMINATION OF LETTER OF CREDIT The Commission then reviewed a staff recommendation regarding Cablevision's request of June 9, 1989 that the Letter of Credit required under Section 46(a)l. be terminated. Staff recommended that the Letter of Credit be maintained in the amount of $150,000. according to a compliance agreement between the Commission and the cable operator, dated March 26, 1984. Staff noted that per the agreement, the Letter of Credit amount was reduced from $500,000 to the current $150,000 and is to remain in effect until completion of a Home Health and Security System, Institutional network and cable link to Walker and Timber Ridge schools. The link to Walker and Timber Ridge schools was completed but a Home Health and Security and Institutional Network are not. Also noted was the fact that the Institutional Network not been developed but was not delayed by Cablevision. Staff also noted that according to the Franchise Agreement, the Letter of Credit can be terminated upon completion and activation of the construction of the cable system. In discussion, Chair Sampen concurred with the recommendation of staff, as did other members of the Commission. Chair Sampen stated that Cablevision could make this request at a future date or provide a written comment to the Commission for the next regular meeting in this regard. Franchise Agreement Audit The Commission reviewed a staff memo of June 14, 1989 stating that work is underway to develop a request for proposals for financial audit of Cablevision's operations in Evanston. Sampen stated that soliciting bids would be helpful but recommended that staff proceed quickly to solicit proposals and to select an auditor so that this project can move ahead as quickly as possible. He noted that the financial audit would verify the accuracy of franchise fee payments made to the City on a semi-annual basis. The Commission agreed that the audit should be conducted from the year end 1988 back a minimum of 18 months. It was also recommended that the contract for the audit include a deadline for the completion of the audit. The Commission then requested that staff provide an update on progress for the next regular meeting. CONSUMER COMPLAINT REPORT The Commission then reviewed the Consumer Complaint Report prepared by the City. Eleven consumer complaints were received by the City for the month of May: four Sales/Marketing complaints, four Billing complaints, one Service Not Available complaint, and two Construction/Restoration complaints. In discussion with Cablevision on these complaints, it was noted that Billing complaints #202 and #209 were resolved and #207 was pending a service call by Cablevision. Regarding Billing complaints #203, this is pending and I1204, #205, and 206 have been resolved. On Service Not Available complaint #210, 1 CABLE COMMUNICATIONS COMMISSION Minutes of 6/20/89 . . . 3 Cablevision reported that they are working on a new construction design which will require a City and State permit to provide service to residents in the 700 block of Sheridan Road. Construction/Restoration complaint #208 has been resolved but complaint 11212 is still pending; Cablevision is required to reroute a cable line to resolve the problem. CABLEVISION CUSTOMER SERVICE REPORT The Commission then reviewed the Customer Service Report submitted by Cablevision. It was noted that the number of subscribers at the end May had dropped to 7,858. In discussion, it was noted that this type of drop is typical for the month of May due to moves and disconnections. MAY 1989 APARTMENT CONSTRUCTION UP➢ATE The Commission then reviewed the Apartment Construction Update list. It was requested that Cablevision update the Construction Projects Pending listing and add the information required on right -of -entry submitted, approved design submitted, and design approved and construction scheduled. Edmundson noted that information can be updated for the report next month. Irene McPhail reported that no action has been taken for the last ten months for the request for service at the Presbyterian domes; the Company had submitted a proposal but that no response has been submitted by the Presbyterian Homes. In regard to 1856 - 1866 Sherman, Don Ashton, Cablevision Engineer, stated that a permit had been granted to Cablevision to construct a feed under Emerson Street. He stated work will start on June 21 to construct and that the building should be completed by June 22 and released to Sales. The Commission then discussed projected numbers of buildings and units released to Sales for 1989 and noted that a projection target had not been given by Cablevision. but that the Company and Commission had agreed to go ahead without a specific number. It was noted that in the past two years, the rate of construction had been excellent and the same was anticipated for the current year. Chair Sampen noted that the number of unbuilt units to be completed differs on the Apartment Construction Update from that reported on the Company's Overall Construction Report dated June 7. 1989. Edmundson responded that the Company Construction Report information had not been updated and that the discrepancy on that report will be corrected in next month's report. Discussion then began on a letter to apartment owners which was approved in December. 1988. It was noted that a letter had been approved by the Commission and the Company to be sent to apartment owners or managers or condominium associations encouraging them to allow cable entry into their buildings to provide service to the residential units. The City is waiting for Cablevision to send a listing of names and addresses so that these CABLE COMMUNICATIONS COMMISSION Minutes of 6/20/89 . . . 4 letters can be sent out. Irene McPhail stated that this listing would be provided to the City. 1000 FREE CABLE HOOKUPS Chair Sampen acknowledged a letter distributed at the meeting from Cablevision's General Manager, Irene McPhail, clarifying the Company's interpretation of the Franchise Agreement provisions requiring 1,000 free grants. It was noted that under the company's interpretation that one channel should be designated for the community programming and that channel should be scheduled by Evanston Television Corporation (ETC). Chair Sampen asked that staff request a legal review of the company's interpretation and that it be provided to the Commission for the July meeting. The Commission expressed some concern about the use of one channel and noted that the original concept for the channel was a local origination channel to be programmed by Cablevision and the City, with company produced community programs and select programming produced by public access users. the City and the schools. Irene McPhail noted that the Company has reviewed the technical requirements to provide a channel; that the Company proposes to use a filter for the service feed for the 1,000 required free services and will install a computerized switcher preprogrammed to select from the five community access channels, programmed at designated times as determined by ETC. Staff noted that prior to implementation, a number of planning meetings will be required to schedule and meet the requirements to provide this service. The Commission requested that an update on planning for this service be provided at the August meeting. NEXT MEETING DATE Chair Sampen asked that a complete packet be prepared for the July and August meetings and that based on the need to meet for both months, the Commission may decide to cancel its regularly scheduled meeting date due to scheduling conflicts during the summer months. The next regularly scheduled meeting date is Tuesday, July 18. The meeting adjourned at 8:30 p.m. Sally Roethle, Staff cc: Joel Asprooth DRAFT —NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION August 22, 1989 7:30 P.M. Present: Dave Haworth, Helen Joseph, Marlo McAllister, Don Sampen, Ruth Smalley Absent: Clayton Brown, Mark Dziatkiewicz Staff: Vince Adamus Cablevision: Don Ashton, Willie Edmundson, Irene McPhail Presidinq: Don Sampen, Chair •il� 4�iir The minutes of the June 20, 1989 meeting of the Commission were approved (there having been no July meeting of the Commission). COMMUNICATIONS Cablevision Revenue Audit The Commission reviewed staffs recommendation for the purchase of services from Karrison 5 Byrne of Naperville, for the purpose of conduc_=g a revenue audit of Cablevision's Evanston operations. Karrison & Byrne's proposal was the lowest priced of the three proposals received from auditing firms; the Commission had previously instructed staff to prepare and send a Request For Proposal (RFP) for audit services. The other two firms responding to the RFP were Friedman, Raemer Schwartz of Chicago, and Laventhol 5 Hor•.rath of Melville, '1,'. 7-.e �ran;ss:on noted that the proposal submitted by Karrison & Byrne lister :,rgest completion time. Staff felt that Karrison & Byrne's experie::_e cable audits and their price compensated for this drawback. The Commission unanimously reconunended that staff prepare a rec.�,,iendation that City Council purchase the services of Karrison & Byrne f.r _ e purpose of performing a revenue audit, at the cost of $5,925. The Comm:_s:,n agreed that it would be most appropriate if the audited period was the tN: .•ear period of July 1, 1987 to June 30, 1989. _ I III � � I II P I I ^II'I E II �^1I �� I I III I II'I •III III I II I' IIIIII I I 'ili I �Ir I m III I II141 IIIII III III III IIIII I � Cable Commission Minutes Page 2 8/22/89 Cable Rerequlation and Telco Entry Concerning an "Action Alert" sent by the Nation]. Association of Telecommunications Officers and Advisors (NATOA), the Commission decided that more time should be spent discussing the issues of cable company reregulation (through Federal legislation, in reference to the 1984 Cable Act) and telephone company (Te1Co) entry into the cable market (which was previously prohibited under the Consent Decree which governed the breakup of AT&T). In order to help the Commission produce an informed position on these two issues, Helen Joseph was appointed by Chair Sampen as Chair and member of a "Reregulation and Telco Entry" subcommittee, with Mario McAllister also as subcommittee member. Staff was directed to help the subcommittee in drafting a position for the Commission which could be forwarded to the City Council, recommending that Council adopt a resolution stating the Commission's position on these matters. Adamus noted that he would be meeting with other members of NATOA later in the week and would forward their ideas to the Subcommittee. McAllister passed out information concerning and spoke about a trip that Marcia 5tandiford was making, as a representative of Evanston Television Corp. (ETC) to the Soviet Union. Ms. Standiford is going there to exchange information in preparation for an exchange of high school students from area high schools and the Soviet Union. Students will participate Ln a show which tests understanding of literature and culture. 1,000 Free Grants Proqram A preliminary application for the program presented by staff was reviewed by the Commission and the program was discussed. In response to a call -in question, Cablevision representatives responded that they are not marketing the program towards current cable Subscribers. The Commission noted the importance of an income verification program; Haworth added -,hat income for this program should be verified on a yearly basis. He also sated that there should be a maximum number of years that a household is eligac:e for this program, assuming there is a waiting list. McAllister questioned whether the program should be directed to a particular age group. Sampen noted that at this time we should leave tr:e cr.ter_a for renewal of receiving this service open. Haworth noted that ---ere should be ,an application period, wherein which staff could collect app1Lca__:ns those who are interested .n receiving this service. I"hus we cou-w __-ar77:ne _he necessity of holding a lottery for applications; this method gas nrev_ousl chosen by the Commission as a method of determining program _nc_.:s:on if the:e were more than 1,000 interested households. November 1 was = Sen by the Commission as the cutoff date for applications. Staff was directed to include an explanation of the program _n the next issue of Highlights (September/October) and to advertise in any ap4;_=able publications such as the Evanston Review. Social service acenc_es were also suggested as avenues for advertising this program. Cable Commission Minutes Page 3 8/22/89 Haworth asked whether Northwestern University students were allowable beneficiaries of this program, which is directed towards low-income families; the Commission could find no reason to exclude students, as long as their incomes fell below the levels previously agreed upon by the Commission. Staff was requested to seek a legal opinion regarding Exhibit 13, page 27, of the Cable Franchise Agreement concerning whether or not non -low income households could "subscribe" to the community channel, but pay an installation charge. Staff was instructed to add the question "Do you currently subscribe to cable?" to the sample application. Consumer Services and Service Availability The Commission commended Cablevision for the lack of complaints made to the City during the month of July. It was noted that the number of subscribers had fallen again in July; McPhail noted that this was due to disconnects for non-paying customers and to the usual Summertime movement of people. Chair Sampen questioned Cablevision representatives concerning the status of their lawsuit against Schermerhorn Realty. Schermerhorn has consistently refused Cablevision access to its property when residents have requested service; this is against State law and inimical to Commission and Cablevision interests in obtaining universal cable service for those Evanston residents that wish it. Ms. McPhail declined to make a public report concerning the status of Cablevision's lawsuit, citing the delicate nature or the lawsuit, and not wishing to do any damage to it. Company Questions and Answers Ms. McPhail expressed Cablevision's interest in being released from the responsibility of holding a $150,000 letter of credit with the City, citing filing expenses of $10,000 annually. Ms. McPhail noted that, -.n reiati.on to the three requirements which must be met before Cablevision can be released from that responsibility (as listed in the Evanston Cable Cop— ance Agreement, number 6): the lank to Walker and Timber Ridge schools ':.n Skokie) is operational; Cablevision is currently showing good Eaith by wowing to set up the the Institutional :Network; and the Health and Nome Sec.:-__; zystem -s not seen as a reaiist_c prov:.sion by any cable operator acrDss tc:nty. Staff was _nstructed zio oota_n a opinion from the C_ty _= ar_-ent concerning this _slue. The meeting was adjourned at 8:50 p.m. 'since Adamus, Staff cc: Joel Asprooth City Council l DRAFT --NOT APPROVED Minutes CABLE COMMUNICATIONS COMMISSION September 19, 1989 7:30 P.M. Present: Mark Dziatkiewicz, Dave Haworth, Helen Joseph, Marlo McAllister, Don Sampen Absent: Clayton Brown, Ruth Smalley Staff: Vince Adamus Cablevision: Tony Ruopoli, Willie Edmundson, Irene McPhail, Dina April Presiding: Don Sampen, Chair The minutes of the August 22, 1989 meeting of the Commission were approved as submitted. Irene McPhail introduced Dina April, Cablevision's new Public Affairs Manager, who was welcomed by the Commission. COMMUNICATIONS Report from Subcommittee on Rerequlation and Te1Co Entry Helen Joseph, Chair, reviewed the Subcommittee's recommendations for reregulation, and Te1Co entry into the cable market. In brief, the Subcommittee recommended that the Commission adopt the positions of: TelCo entry into the cable market; protection, by law, of public access and community channels; elimination of the "must carry" sunset provision in the Cable Act of 1984; and adoption of NATOA's (National Association of Telecommunications Officers and advisors) sample resolution ser.= --o memoers of NATOA on August 14, 1989. Joseph noted that the Subcommittee had received input from Irene McPhail, who had also recommended that the Subcommittee speak with Gary Meier, of the Illinois Cable Television Association (which represents the interests of cable operators and programmers); this had not happened by the time of the meeting, as Mr. Meier was not available. Cable Commission Minutes Page 2 9/19/89 McAllister noted the helpfulness of the White Paper entitled "The Cable Act Revisited —The Public interest vs. The Cable Monopoly" (Nicholas P. Miller, 1987) in forming the Subcommittees recommendations. Sampen noted difficulties he had with some of the items recommended: in the Sample Resolution, item three, for example, he wanted to know what specific type of local authority should be restored. He also asked about the existence of evidence of cable monopolies (noted in the second "whereas" of the Sample Resolution). Joseph noted that "de facto" cable monopolies occur in each municipality. Sampen stated that this occurrence was not due to the Cable Act itself. Whether or not there existed a natural cable monopoly, there was a question concerning regulating cable rates and therefore the rate of return for cable companies. Haworth noted that municipalities used to have these regulatory powers but botched them and the federal government took the powers away. McPhail noted that, while there is no rate regulation, there was a give and take in the Cable Act. The cable industry has very stringent guidelines that it must follow concerning equal opportunity, for example. Also, only rates of basic cable service were egulated previously. Joseph noted that the deregulatory atmosphere that had characterized the preceding years should now be changed. Sampen stated that a benefit of a general recommendation is that the Commission would not be tied into specific action; however, it should be delineated whether the Commission is advocating regulation of all services, versus only basic or other services. Haworth noted that cable is not seen as an essential service, so the situation is not a traditionally monopolistic one such as the electric utility monopoly. More effective control is important, but the question of now much is a problem; rates are already a market control mechanism. Concerning the question of why phone companies should not be allowed to compete with local cable suppliers, McPhail noted that phone companies have deep pockets, and that they also own many of the utility poles that cable companies must rent space upon. Joseph emphasized that the present situation is not good, and that we should join NATQA in their recommendations. Sampen felt that the Commission needed to study this area further, that the Subcommittee should speak with Mr. Meier, and refine their recommendations. Joseph noted that input from other members would be necessary; Haworth and Dziatkiewicz were appointed members of the Subcommittee. Staff was instructed to list this topic as an agenda item for the next meeting of the Commission. Cablevision Revenue Audit The Commission received an update from staff on the revenue audit of. Cablevision; Adamus noted that Karrison & Byrne, the firm authorized by City Council to perform the audit, had been sent an agreement for them services. Cable Commission Minutes Page 3 9/19/89 Cablevision Letter of Credit Sampen rescheduled discussion of this issue for the next meeting of the Commission, so that members would have time to digest the information forwarded at the time of the meeting. Haworth questioned whether the provision on Home Health and Security Systems (as included in the Compliance Agreement of March 26, 1984) had been previously dropped as a requirement for Cablevision's responsibility of holding a better of Credit. Franchise Fee Update The Commission received Cablevision's latest installment of franchise fees, totalling $80,660. Dziatkiewicz noted that the rising amount of franchise fees paid every six months attested to the fact that, even while cable rates are going up, people are still buying cable service. Haworth agreed that rates had not reached the point were consumers would start dropping out due to financial considerations. 1,000 Free Grants Proqram Sampen questioned the status of the program. Staff noted that an advertisement had appeared in the latest issue of the Highlights, and that further advertising would be upcoming in local newspapers and among local service agencies, including the school districts. Sampen noted that at the last meeting, although the minutes did not reflect it, the Commission had decided not to allow current subscribers of cable to be recipients of the program. ECI'C/Cablevision Fundraising Campaiqn The Commission commended Tony Ruopoli's and Dina April's efforts concerning the fundraising campaign for the Evanston Ccmatunity Television Corp. (ECTC). It was noted that ECTC, not ETC was again their abbreviated name. Consumer Complaints and Service Availability Edmunds noted that both complaints listed by the City for the mor.tn of August had been resolved. Also, the Sheridan Rd. right-of-way difficulties had been cleared up due to the boring under of Sheridan Road. Concerning Cablevision's marketing strategy for residential units ;hat do not have cable service, Edmunds noted that the focus is on managers or owners that have been cooperative in some way, rather than on those who have outright refused Cablevision entry onto their property. occasional revisits are made to past refusals, however. Cable Commission Minutes Page 4 9/19/89 Edmunds noted that both 1041 Chicago and 532-36 Hinman had recently been released to sales. The Commission adjourned at 8:35. The next regular meeting of the Cable Communications Commission is at 7:30 on October 17. Vince Adamus, Staff cc: Joel Asprooth City Council DRAFT --Nor APPROVED Minutes CABLE COL%MIICATICNS M2.11ISSICN October 17, 1989 7:30 P.M. Present: Helen Joseph, Mario McAllister, Don Sarpen, Ruth Smailey Absent: Clayton Brown, Mar% Dziatkiewicz, Dave Haworth Staff: Vince Adamus Cablevision: Don Ashton, Wil'_:e Edmuruson, Irene McPhail Presiding: Don Sampen, Chair \1,I:IL.T'1 ES The minutes of the September 19, 1989 meeting of the Commission were approved after it was note: that members of Cablevision had been solicitei for inFut on the proposed resolution concerning reregulation of the cable indaztry, out had not given any. PUBLIC CC,•'�'�F' A viewer called in and asked when 77 ('burner Network :'elewzicn, wcold be on Cablevision's line --up. Ms. McPhail cescrited 77 as the 4th TV _;rner network; it carried NBA tasketbali and t*ne MGM Film Library, a7o = ..::er programming. As. McPhail stated tha_ _aolevision had been negotiating wi_h 77. representatives, and Oat scmething might come & it .n tho fate__. However, no definite launch date could yet be predicted. Viewers were __& to Cirect request: for this and any other programming to Ms. McPhail a*: CalieVisiW'S 7aln Off_4e in Can Par'' . Ihiv L:c'_.._ 7S. MCPha _^Cry iCF� G!11 Aaron .'mace, legal _. r `_ =ableviston'_ lain ofice in `:ew ;irk State, who was at the 70e--- _ az in otserver. CC*11,11- 1ICATICNS Report from suzccnmitnee on Rereculatien and 7e1Co Entry. Heien joseph, chair, reviewed ne s;u ccmmittee's reccorenfat. nz fTf rerA+7l a"_iGn an^ :"e1Co entry into the cable market. he state] n73i _-e 'n%q resolution offered to the Commission was a product of compromise zai eer subccmmittee 7emters (herself, McAllister, Dziatkiewicz, Ha'hort". . Cable Commission Minutes Page 2 10/17/89 Sampen noted that this version was much more toned down from the original version of the resolution that the subcommittee had proposed. He felt that it expressed the opinion that the Commission was trying to convey, but did not bind the City to any specific action concerning the issue. He felt that increased competition would be beneficial to cable customers. Concerning procedure, staff noted that an approved Resolution would go to City Council for approval, after the City's Legal Department had approved it as to Num. The Commission discussed whether or not Cablevision input should be made on the proposed resolution. Ms. McPhail stared that she had Lust received the packet material, and had not had time to review the proposed resolution carefully. McAllister and Joseph voiced the opinions that this resolution root be a cooperati'.e statement tet'.veen the =Cmmission and :Cablevision, On a recerrmendation from the Commission to the City Council. Cablevision, of course, has the option to approach City Council with a similar statement of their own. The resolution was approved as submitted by the subcommittee, and staff was instructed to submit the ?resolution, with a recommendation from the Commission for City Council approval, to the Administration and Public ;corks _cr^l; it tee of the City Council. Catlevision Request corcerninq the Letter of Credit The Commission agreed not to drop the requirement that Catlevision maintain a Letter of Credit, in accordance :with point number six of the 1924 Ccr-pliance reemer.o, at wh:z tL7e. This decision was based upon the fact Oat i_acleviz ion tad cnly let one of the three criteria ( the link cc .,i_ke_ and .:Toter R i ne schcolz) _fisted in _ne Comp; Lance Anreement for . _sot.._ .r,'aa ce of .one .Latter Of vrod t 1,000 Free Grants Procram Staff provided an update on the Program, stating that 'less than twenty requests For hookup tad: teen received to date. :also, in wculd appear that 4er? .ion _ 3 to nC ns& for a L:I:ery Come '+o ymter 1. 74e carniss. Staff reviewed the changes _cr next _:pares proposed tudget for Ummunications, descrizing the piece of equipment which will tie _ ._..nased t i_ approved .by _:;e City Manager and Azar ty the O. Co'unc'. _ in z:;ar :; , 199D, a vectrosccpe, which is ised _cr 7u _.-c3msra shooting sznanicrz sicr 3 coverage of _ . _y Council meetings.meecings. major changes in lime .ter a _ z a.. - wer? a_sO reviewed. Tle _onmission approved _:;e propcsea C'.:dger as _..Z-.. r'. Cable Commission Minutes Page 3 10/17/89 CONSUMER SERVICES AND SERVICE AVAILABILITY Concerning City complaint number 218 (since resolved), ,McAllister questioned as to why there had been three "no-shows" on the part of Cablevision service personnel. Edmundson noted that two of these had involved an inability of personnel to access the residence, and that for the third case, the customer had admitted to being at the store when Cablevision personnel visited the residence. McAllister questioned the plan for servicing residents who lived in properties in 'which the owner or realtor did not allow Cablevision access to residents. McPhail noted that they wished to finish litigation with one landlord K n reference to a current Cablevision lawsuit against Schermerhorn Realty a: Evanston), before taking on other landlords. Sampen questioned whether the subscriber total had ever topped 7900 in Evanston. McPhail noted that it had occurred in May of 1989, and _hat Cablevision hoped that that level could again be obtained now that the season in which the heaviest amount of disconnects occurred was over. McPhail explained more about the 7'.T negotiating situation. a problem Oat had occurred, from the viewpcinc or Cablevision, was that T1.7 wishes to tie in Cablevision for a period of three years or more, but still retain the right to chance rates as they chose. McAllister questioned the buildings on the "Construction Projects Periling" list which have been on for a !ono time, some since 1987. Edmondson nose& that Cablevision's strat:I97 was to focus on situations where there is _. most cooperation `rcm proFe:ny owners. Cablevision itself &d not :ro; iAreresn on any properties, but many homeowners have chosen not to pursue cac__ seq._ze. ,he commission a0curned at 3:35. :he next regular .meeting of tKe _ac,= c'cmmunl ations Commission is at 7:30 or. November 21. '1 nce Adamus,—Sra_ cc: 4oel Asprooth City Council Minutes CABLE COMMUNICATIONS COMMISSION November 21, 1989 7:30 P.M. Present: Mark Dziatkiewicz, Dave Haworth, Helen Joseph, Don Sampen, Frank Sternberg, President of ECTV Absent: Clayton Brown, Mario McAllister, Ruth Smalley Staff: Vince Adamus Cablevision: Don Ashton, Willie Edmundson, Dina April Presiding: Don Sampen, Char MINUTES The minutes of the October 17, 1989 meeting of the Commission were approved as submitted. PUBLIC COM!MEtrr Frank Sternberg, President of Evanston Community Television, spore on behalf of that organization's current promotions. "hese Lnc!uded a to _7. promotional on Saturday, December 9, when people were invited t. :are Lnno =1 and Capp promotional spots. Also, =1 was conducting 3 7e7zor3n:p drive, intended to show a base of support Ln the comma nor5cerg Concerning a !enter, received by 0e :OML5Ston an nhe ; eetlnq, Yr. Dan Le? K r .tschevsky, a Carlev.s icon c'.:stomer, , Don 5ampes s' q e ; _ _ . . __cass:nq the letter later luring the consumer services Dorton of _2e 7ee Cable':.. i - _: ar rG :•lei:.ca:d Recicie= Dina Apr . 1 !Cate. that L`_ was Caolev;s_par.'s pos: _ Lon Lha`- he:. no, .']Cram shou_l r-place the 1,000 Free Grants Program. The Free iranna _ :ri- lad very few ipplica=3, and the administration of the new pr-)-:rar e nano_ed by C aLie:'is:on, instead of the _ _r: . She stated than _- _ _ - _ ie col:_ . ipply for new prDgram. Cable Commission Minutes Page 2 11/21/89 Don Sampen stated that this would tear looking into, either as an alternative program, or as an additional program. He appointed Dave Haworth to communicate with Ms. ,April concerning the benefits to the City of the issue. A question to consider was whether or not the City should administer the Free Grants Program if it did not affect many people. WJUF Request for Telethon Coverage The Commission accepted snnEf's report that the additional coverage for the above-menttoned program had been previously arranged by Ken 7remback, Cab evision's Program Manager. Cite Council Resolution 66-?-89 concerning rereculation Dziatkiewicz was pleased =nat the City Council had re --inserted tre phrase concerning reregilat''_on of rates, after the Administration and ?ucl;c 'Clerks Committee had voted to delete it. The Commission agreed that it was a 10; i t imate issue for Congress to look at, and that it eras a fair _ nnSCa0W clause from the City's point of view. CONSUMER SERVICES Chair Sampen noted that the number of customer complaints had increacet Turing the month of October. Millie E'dmundson explained City complaint :225 as a grounding problem; the building in question contained the ground wir_z for adjacent properties as wen, and the matter would oe taker. care of wY COCOUting the ground wires. Concerning Ciny _ompiaint 1224, Mr. Edm rison stated _;at he wo.._i -- rap. and f : nd the wort; orders for74a no-shows F r_ �-"�t7,K' ;GP} , Chq r74�i! erne! tnaL inin Lsyue D? put on one �iext 7(_{r�^:.___.on noetiny . . 7onc_ern1mg Cloy _amo,a_-;t i221' Mr. -c.:r,i.n nor. zlaLed _:pan one _..S _ -i __ sann o. ^er VCR " ieprogrammed." Ito com,.I ainn .;as cn.vel WY rCnv_..nc _n __- -rer thanshe nnull epr`♦;ra ,, _4 ani herself in: ::zing -0 70's ...: . .- _ ins, :i'a.::is)n mire.. - .._ the ci _ '{ e! . ery .:F' WnM sat ;Ions .ti = one ca st smer . Concerning CLny_orplai.._ 223, the si_..a`:nn was rrasnLved ry i.. _- - - inc an Souts i :e trap, in! rnen :... nq i i,..n ?r'ar .. ox for one te.e'::_ - _ 7 ' - � customer 4as nc- iC l e no _ , e _ e , nanne l 2- 1 . 7ily _'u, , i' ... ..21 'W as no, is o- resC:_:Q; _ner . was a pr )C.. .- .7- s4z"Mor's FT and Winn liF re eqcro : env 'Cable Commission Minutes Page 3 11/21/89 SERVICE AVAILABILITY The Commission noted with favor the addition of 636 new subscribers; it was thought that this was a new record for number of subscribers in Evanston. Edmundson explained the movement of a number of buildings to the "Refusals" category of Cablevision's monthly construction report. He stated that this was due to problems with property managers, and that upon tenant demand, these buildings would be moved back to the "Construction Projects Pending" category. Regarding 2406 Sherman, Edmundson noted that, even though the building was represented by Schermerhorn Realty, the building's owner was cooperating with Cablevision to provide service to the tenants. Dziatkiewicz suggested that the City give out a list of properties that do not receive cable service to prospective renters, upon demand. Staff agreed to look into this possibility. The meeting was adjourned at 8:50 p.m. The next regular Cable Communications Commission meeting was tentatively scheduled for Tuesday, December 19, dependent upon the amount of material to be discussed at that time. Vince Ad us, Staff cc: Joel Asprooth City Council hpA IIIII,l I 11-M !II III III II111 1I I 1 11 111 1 11 �1 II 11 1.1 1 ll' 111P A II 1 11 111111� II I I III II I I ,I it I llll II III III AI ,r ��1 ',I ,1 1 1 1111111 11 If 11 11F