HomeMy WebLinkAboutMinutes 1986Minutes of the
CABLE COMMUNICATIONS COMMISSION
January 14, 1986
Present: Barkley, Belcher, Benton —Brewer, Hazlett, McGuire, Sampan,
Settles, Wald
Absent: Menges
Staff: Roethle
Cablevison: Scaro, Dracek
PresidinL John Wold, Chair
Minutes
The minutes of the December 10, 1985 meeting were approved as submitted.
Wold asked that two items be added to the agenda: (1) revised guidelines
for Boards and Commissions; and (2) correspondence from Superintendent
Nathaniel Ober, Evanston Township High School, requesting approval of the
annual grant of $10,000 for ETHS. The revised agenda was approved.
Public Comments:
No public comment was offered at this point in the meeting.
Committee Reports:
No Committee reports Were submitted for this meeting.
Communications:
jtaff reogrt reizardinR consumer complaints.
Referring to a January 14, 1986 memorandum to the Cable Commission, Roethle
reported that consumer complaints are significantly lower in all categories
with the exception of rate increase complaints. It was noted that ten calls
were received during the month of December regarding the rate increase.
Barkley commented that this is a good trend in customer service.
— Cablevision_cQmplaint report.
Scaro's report to the Commission on Cablevision customer service was accepted
as submitted.
— Cablevision letter of 12/17/85 regarding comvletion of construction.
Scaro noted that, as stated in the letter, the number of unbuilt apartment
units has been corrected to show that there are 2,701 unbuilt apartments
in Evanston. Wold commented that he is satisfied with these corrected figures.
Responding to a question from Sampen, Scaro noted that discrepancies are fewer
than 200 and that the figures available are as close as can be calculated using
Cable Communications Commission
Minutes of 1/14/86 ... 2
the 1980 Census figures. Wald stated that a common set of numbers on con-
struction is now available. The report was accepted by the Commission.
- t9ad of Ethics Review
Chair Wald read to the Commission a letter received on December 10, 1985
from the Board of Ethics. The letter read as follows:
Dear Mr. Wold:
Each year the Board of Ethics reviews the Financial Disclosure
and Affiliation Statements of all of the Board and Commission
members in Evanston.
In doing our work this year, we wanted to share an observation
with you. We read the newspapers with interest regarding the
remote possibility of change in the delivery of cable services
in our town.
Would this potential change in circumstances create a conflict
for any Commission members?
We raise this issue well in advance of any problems so that not
even the appearance of impropriety could be assigned to your
fine group. We continue to applaud your efforts and hope that
you will share our thoughts with your fellow Commission members.
Sincerely,
Harry L. Winn, Jr. Chairman
Dona Gerson
Joyce Schrager
Robert Shonk
Frank Cicero
Chair Wald then read to the Commission the following prepared statement
in response to the Board and Ethics Review:
The Board of Ethics reviews each of our Financial Disclosure and
Affiliation Statements annually, as part of its obligation under
City ordinance. The Board noted in 1985 that establishment of
the Evanston Cable Television Corporation changes, in some ways,
the duties of the Commission. it has requested that we ensure
the continued adherence to the spirit, as well as the letter, of
the Ethics Ordinance in Evanston.
In order that this Commission continue its exemplary record in
matters of ethics, I ask that each member:
1. re-examine the statement filed with the City Clerk last
spring to ensure that establishment of £CTC does not
change your disclosure in any material way; and
2. seek consultation and review with the Board of Ethics as
each of you may feel appropriate.
I stress that the Board of Ethics is merely taking a proactive
role in addressing changes in circumstances affecting the Coin -
mission, as it does with other Hoards and Commissions in the
City of Evanston.. This becomes -nerely one additional considera-
Cable Communication Commission
Minutes of 1/14/86 ... 3
tion in our individual and joint actions as a Commission.
Wold asked that if any Commissioner thinks that there may be some con-
flict with the creation of ECTC, that they contact the Board of Ethics.
Construction Report
Wold informed the Commission that he has received a letter from Leslee's Restau-
rant requesting that cable service be provided to the restaurant. Scaro re-
sponded that the Company is conducting an engineering survey to determine the
feasibility of providing service to this restaurant located in downtown Evanston.
A report on the engineering survey will be provided to the Commission during the
month.
Scaro also noted that the correct number of unbuilt apartment units is 2,701.
Regarding the construction report, Settles asked that Cablevision define the
category "Operatives" in the EEO report provided in the construction report.
Barkley asked about the progress of the Ad Hoc Committee in studying the EEO
information provided by Cablevision. McGuire responded that the FCC now re-
quires extensive reporting on EEO matters from each cable operator. He also
noted that the Ad Hoc Committee has done some research on employment statistics
in the metropolitan and county -wide area and that the conclusion of this study
remains to be done. He noted that the usual standard is work force availability,
and that in total Cablevision's employment figures are generally higher than
the numbers for Evanston, and certainly much higher than the SSMA and county-
wide area. He further suggested that the Commission consider what standards
the Franchise Oversight and Development Committee were trying to enforce.
Barkley asked that Allen Dub, a member of the Franchise Oversight and Develop-
ment Committee, be included in the final meeting to conclude the report.
Cablevision Local Programming Report
The Commission accepted Cablevision's December, 1985 report for local origina-
tion and public access programming. Belcher commented that the listing of local:
origination events is very helpful in the Cable Guide and asked that the Company
continue to provide this information to subscribers. Wold noted that there was
a three hour discrepancy for the access channel, that there was an off-line
problem for a period of three hours. Scaro explained that the technical dif-
ficulties have been corrected.
ECTC Interim Committee Report
McGuire reported that the Mayor has submitted seven names for the ECTC Board
of Directors. These are: Barbara Eckel, Scott Sanders, Alan Soell, Larry Lichty,
Bobby Robinson, Lisa Holden, and Neal Miller. He also reported that Joe Rosner
has been hired by Cablevision as the interim Access Coordinator, and Steve
Bartlebaugh is the Technical Access Coordinator. He stated that the appointment
of these Evanston public access users should ease the transition between Cable -
vision operation and ECTC operation of local programming in Evanston. He stated
that the Committee will meet this week and would like to invite all seven of the
nominees for a briefing to give them the information collected by the Ad Hoc
Committee and to determine what further information they require. In addition,
McGuire suggested that the Committee give to the nominees a list of attorneys who
may be willing to do legal work on a pro bona basis for the Corporation.
Cable Communications Commission
Minutes of 1/14/86 ... 4
Benton -Brewer asked that the Interim Committee send to the Commission an out-
line of the timetable for ECTC.
Nominatin$ Committee Report
Nominating Committee Chair Hazlett reported to the Commission that over the
four years of Commission activities, Chair Wald has led the Commission through
notable issues and spearheaded tough negotiations and recent changes to the
franchise agree=ent. He noted the many hours of John Wold's own time. and his
especially helpful technical knowledge in terms of the work of the Cable Com-
mission. Hazlett complimented Wold on his consistent display of knowledge of
nuances of the franchise agreement, his proven record of fairness in hearings
for all points of views, and his ability to take a hard line with community
issues when necessary. Hazlett described Wold as an excellent steward for the
Commission whose diligence and grace under pressure have been most appreciated
in his leadership role as Chairman of the Cable Commission.
Committee members Hazlett and Benton -Brewer then recommended John Wold for a 5th
term as Chair of the Cable Communications Commission. The Commission unanimously
approved the recommendation of the Nominating Committee and thanked Wold for his
service and congratulated him as ongoing Chair of the Commission.
Hazlett then introduced the name of John McGuire as Vice Chair of the Cable
Commission stating that McGuire was a very logical choice for his involvement
in the work of the Commission over the past year. Hazlett noted that McGuire
is very knowledgeable in cable matters and noted that with McGuire's expertise
the creation of ECTC and the renegotiation of the franchise agreement were
successful in 1985. The nomination of McGuire was accepted by the Commission
and congratulations were offered to McGuire.
Committee on Committees
Chair Wold stated that this year the Commission must look at restructuring its
operations, particularly with the creation of Evanston Community Television
Corporation. He said that is is very appropriate to look at the work of the
Commission and how it should be performed. He stated that he has appointed
Alison Barkley as Chair of the Committee on Committees who can provide a view-
point from long service as a member of the Franchise Oversight and Development
Committee, additional members appointed and willing to serve on the Committee
on Committees are: Jim Belcher, Don Sampen, and Hazel Benton -Brewer. Wold asked
that the Committee begin to meet on a prompt basis. He stated that the charge of
the Committee will be to look at the entire Commission structure, and noted that
the Committee structure is entirely open for review. He also asked that the
Committee look at the formation and structure of the Commission itself. He
noted that there are no specific time requirements for a final report from the
Committee.
McGuire suggested that the Committee on Committees consider the creation of ad
hoc committees to meet within certain timeframes to deal with specific issues
rather than the former structure of standing committees.
Annual Report
Chair Wold asked that members of Standing Committees put together a report of
activities and concerns within the next two weeks, and also asked that the
Chairman of the Ad Hoc Committee provide same so that an annual report can be
• Cabla Communications Commission
Minutes of 1/14/86 ... 5
provided to the City Council in a timely manner.
ETHS Annual Grant
The Commission approved the request from Evanston Township High School for the
fourth $10,000 grant for programming operations at the high school. Staff was
asked to send a letter to Cablevision regarding the request for funding for this
grant.
Additional Business
Staff noted that communication has been received from Systems Manager John Scaro
regarding the roof problems that caused damage to access equipment at the small
studio at 1285 Hartrey. McGuire noted that the Tnterim Committee is working with
Cablevision on resolution and repair of damaged items.
Public Comment
Mr. .Tames Genden addressed the Commission regarding his concern about the long
term effect of Cablevision's change in basic service programming and rates.
He stated that in his opinion the 120% rate increase and new channels is not
desired by many subscribers. He noted that basic service is a prerequisite
for premium programming. He stated his concern that this may be a start of
a trend to increase monthly fees at the risk of losing a substantial
number of subscribers. He referred to a recent article in the Chicago Tribune
indicating that basic rates may go as high as $118 per month. He noted that
following a Letter to the Editor in the Evanston Review, he has received many
calls from Evanston cable subscribers sympathetic to his point of view, noting
that many people are feeling fairly fatalistic about the situation. He sug-
gested that Cablevision's marketing structure may not fit well in Evanston and
feels that the Commission should gauge the depth of public concern in the interest
of the City and Cable Company. He suggested that the Commission address itself
to the reactio►i of Evanston subscribers to the rate increase with a questionnaire
or some type of independent survey in order to determine if cable is serving the
educational and entertainment needs of Evanston.
McGuire responded that it is important that Mr. Genden understand what decisions
were made by the Commission. He noted that the new Federal Cable Act creates
certain restrictions on regulation of rates effective December, 1986, that it
is only until this time that the City could preserve some cap on basic rates,
and that the marketing strategies within the cable industry have had to change
drastically. He further noted Cablevision's extremely low basic rates in the
past which were used to attract premium service subscriptions. He noted that
with the emergence of VCR's that the strategy no longer worked and that the cable
industry is going toward a stronger and more valuable basic service tier. He
concluded that the Commission has deregulated rates several months early and that
this was done in an effort to allow the cable operator to "sink or swim" on its
own ability in the market place. McGuire suggested that Mr. Genden's questions
pre -supposed that someone other than the cable operator should determine how to
market and sell cable services. He stated that case law is going further now
than the Federal Cable Act.
Mr. Genden responded that in his opinion the national assumption does not fit
Evanston. Wold stated that the Commission will take Mr. Genden's suggestions
Cable Communications Commission
Minutes of 1/14/86 ... 6
as part of its ongoing work, trying to be cognizant of the community's re-
sponse to Cablevision's business in Evanston. He suggested that Mr. Genden
attend the next meeting of the Community Relations and Development Committee,
noting that this is an issue appropriate for Committee discussion.
Wold then commented on a recent article describing a speech by Mr. Charles
Dolan regarding the importance of local programming, making cable different
from VCR's and MSS. He stated that it was encouraging to hear these words
From Mr. Dolan and asked John Scaro to take back to the parent Company the
question of reaction to resolution of local programming in Evanston, asking
specifically how Mr. Dolan perceives his statements in Long Island regarding
the creation of ECTC in Evanston. He asked that Scaro bring back to the Com-
mission a response from Mr. Dolan.
At this point in the meeting, phone call -in questions were received, including
a question as to why Paul Rosen was not appointed as a member of the Commission.
Chair Wald responded that Mr. Rosen's application is appreciated, and that
appointments are made on the basis of several considerations including geogra-
phic, ethnic, programming interest, and representation within the community.
A second question was a statement of dislike regarding Cablevision's new
programming structure and basic service tier.
February Meeting
Chair Wald stated that the next regular meeting of the Cable Commission will
be held on Tuesday, February 11, 1986, 7:30 P.M. in Room 2401 of the Civic
Center. Barkley suggested that an additional agenda item for future Commis-
sion meetings be a period of time during which Commissioners can direct spe-
cific questions to Cablevision's System Manager.
Meeting adjourned at approximately 10:00 p.m.
44a poemL
Sally R�hle, Staff
cc: Joel Asprooth
Minutes of the
CABLE COMMUNICATIONS COMMISSION
February 11. 1986
Present: Barkley, Benton -Brewer, Sampen, Wold, Heard
Absent: Belcher, Hazlett, McGuire, Watterson
Staff: Roethle
Cablevision: Scaro
Presiding: John gold, Chair
Minutes
The minutes of the January 14, 1986 Cable Commission meeting were approved as
submitted.
Wold noted that in the absence of a quorum, that he would declare a quorum.
There being no objection, the Commission proceeded with the agenda items for
the meeting,.
Public Comment:
Scott Sanders, an access user, Director of Evanston Alternative Television, and
a member of Evanston Community Television Corporation (ECTC) stated his concern
about the financial condition of Cablevision and ECTC. He said that he had
recently received a copy of Cablevision's prospectus on its stock offering. He
commented on his concern regarding his interpretation of the Company's financial
condition as stated in the prospectus. He further stated that in his opinion,
the Commission has given a great deal of "corporate welfare" to Cablevision and
noted his own problems with the Use agreement to be worked out by the Commission
for ECTC's use of equipment and facilities at 1285 Hartrev.
Wold commented that March 1, 1986 is the target date for ECTC's takeover of
management and control of the facilities, and noted that the Commission is not
a party to the Use Agreement. Staff noted that the Use Agreement details are
being worked out by John McGuire, Chair of the Commission's Ad floc Committee
and Interim Committee.
Staff Report on Consumer Complaints
Referring to the staff report provided to the City Council's Administration and
Public Works Committee and the Cable Commission, Roethle noted that consumer
complaint: continue to decline, and that the City and Company process for re-
solving complaints continues to be working effectively.
Cablevision Report on Consumer Complaints
Scaro noted that the number of inquiries and complaints regarding billing is
unusually high for the month of January (69) due to the increase in rates and
new channel lineup. Wold stated that the purpose of the reports from the City
and Cablevision is to observe trends and to look at problems that go unresolved.
Cable Communications Commission
Minutes of 2/11/86 ... 2
Communication from Schuyler, Roche and Zwirner
Barkley explained that the law firm she is associated with has offered to provide
pro bono counsel for the Evanston Community Television Corporation in order for
the incorporators to file corporation documents with the State of Illinois.
Sampen moved and Benton -Brewer seconded a motion for Commission approval of pro
hono legal work of Schuyler, Roche and Zwirner for incorporation of Evanston
Community Television Corporation. Motion passed unanimously (1 abstention -
Barkley).
Cablevision Construction Report
Scaro explained that 500 multi -family apartment units have been released for
construction this year. Wold asked Scaro to provide the exact address of the
IMoffit Building referred to in the explanation for Print #183, Sampen asked
for further information regarding easement denials. Scaro noted that the Company
uses the Illinois Statute regarding access to multi --family buildings as a last
resort. He will provide further information regarding u:;e of this legislation
in obtaining easement rights.
Wold asked for further information from Cablevision on service for Garrett
Seminary referred to in the construction report as ft47 under MIrketing and
Installations.
ECTC Interim Committee Report
On behalf of the Committee, Roethle reported that Committee Chait McGuire met
with the ECTC incorporators to discuss articles of incorporation, interim staff,
use agreement, and insurance. It was noted that the City has provided the names
of insurance brokers with whom the City of Evanston has worked so that ECTC could
pursue the insurance requirements for operation of the facilities and use of the
equipment at 1285 liartrey. It was noted that the details of the Use Agreement
are being finalized by the Committee and Cablevision's attorneys in New York,
and it is expected that a final document will be available within the next two
weeks.
Committee on Committees Report
Committee Chair Barkley reported on the Committee's first meeting on February 6,
1986. She stated that the Committee reviewed bylaws of the Commission, outline
of Committee responsibilities created by the previous Committee on Committees,
and the Cable Commission's Planning Session report on the January 12, 1985 Com-
mission Retreat. She noted that the items considered by the Committee include
the makeup of the Commission including the number of members, and tliv delegation
of responsibilities to standing or ad hoc committees. She stated that co. -rents
have been collected from previous Commission members and committee chairs, and
that the consensus is to reduce the number of committees, the size of the Commis-
sion and the size of the committees. Wold commented that it is appropriate for
the group to consider the size of the Commission, and noted that demographics
of constituencies will continue to be an important consideration. Barkley also
stated that the Committee will consider the need for periodic evaluation of the
budget, and Commission and committee direction and performance.
The next Committee meeting will be February 25th. A report will be provided for
the Commission meeting in March.
Cable Communications Commission
Minutes of 2/11/86 ... 3
Annual Report
Wold noted that he and staff will work on a draft, and that input from standing
committees is required for this annual report to City Council.
Proposed Regular Agenda Item - Company Question and Answer
Wold noted that for the first time this item appears on the Commission agenda.
The intent of this item is to provide an opportunity for Commission members to
ask the Company representatives specific questions about operations.
Barkley began by noting that with the proposed change in Commission structure
there may be issues and questions that will no longer be addressed in Committee,
and that with ample time for response, the opportunity to ask questions of Cable -
vision is appreciated. cold cautioned that this agenda item is not intended as
a time to grill Cablevision System Manager, and proposed that there be ground
rules and guidelines so that oral questions can be answered ,it the meeting on
the following month if necessary. Scaro stated that tic 1>; happy to answer any
questions that he can at this time, and will research whatever information may
be required for this format within a reasonable timeframe. Scaro also asked
that if at all possible, Commssioners forward questions to him prior to the meet-
ing either my calling him directly or calling Roethle.
Barkley asked about the remote control device and a loud "hiss" sound she hears
from her control box when channels are changed. and toted that the sound is louder
when changing to certain channels. Scaro responded that the noise level is sub-
ject to the type of converter box and suggested that the converter box which
Barkley uses be brought into the Hartrev office for exchange which may eliminate
the problem.
Benton -Brewer asked about Cablevision's new marketing program in the summer of
1985 in which college students were employed. She asked if the Company has a
system of determining the success of this new marketing effort. Scaro responded
that the program produced an increase in the number of sales but he would have
to do some research to determine if these sales remain constant or if there was
a churn or cancellation factor that could be noted. Scaro noted that the college
students are given one week of intensive training and that he will provide fur-
ther information for the March meeting.
Wold asked Scaro for the comment from Mr. Charles Dolan regarding Dolan's Speech
on the success of local programming and cable systems, and how Dolan saw this
relative to Evanston's creation of ECTC. Scaro responded that a letter is forth-
coming to Wold from Dolan.
Public Comment
Sanders asked for clarification of the Commission's regulatory authority regard-
ing public access, and Cablevision's requirement to provide monthly payment
under the grant to ECTC. Wold noted that ECTC is independent, that the Commis-
sion is not a day-to-day influence but that the Commission still will enforce
the obligations of the Company under the franchise agreement.
Meeting adjourned at 8:50 p.m. The next meeting of the Cable Communications
Commission will be on Tuesday, March 11, 1986 at 7:30 p.m. in Room 2401 of
the Civic Center.
4111yecc: Joel Aspraoth '
Present:
Absent:
Staff:
Cablevision:
Guests:
Presiding:
Minutes
Minutes of the
EVANSTON CABLE COMMUNICATIONS COMMISSION
March 11, 1986
Hazel Benton -Brewer, Tom Hazlett, Jim Heard, John McGuire,
Don Sampen, John Watterson
Alison Barkley, Jim Belcher, John Wold
Sally Roethle
John Scaro
Paul Rosen, Larry Fieburg, Alan Soall, Winston Propp.
Terry Wexler
John McGuire, Vice -Chair
The minutes of the February 11, 1986 Cable Commission meeting were approved as
submitted.
Public Comments:
Paul Rosen, an Evanston access user, spoke of his concern regarding rights of
access users, the response to the public by Evanston Community Televison
Corporation (ECTC), and the interim period until April 1, 1986 at which time
ECTC will take over management and control of the community programming facili-
ties at 1285 Hartrey. Rosen stated that in his opinion there have been detri-
mental effects during this time period including the condition of the studios,
the lack of total repair of programming equipment, availability of editing time,
harassment of access users, censorship and concerns regarding hiring of staff
for ECTC. He stated that it is his expectation that resolution will be reached
within the next several Weeks. McGuire responded to Rosen, noting that Mr.
Rosen was active in the push to create a community televison corporation, and
suggested that access users realize that disputes and problems will not end
with the creation of ECTC. He stated that it is the hope of the Commission
that there can be mutual cooperation for the benefit of the entire community.
Winston Propp, an Evanston access user, addressed the Commission regarding the
formation of Evanston Community Television Corporation and the Corporation's
accountability. Propp stated that in his opinion there is lack of public input
or sufficient response to the public at ECTC meetings. He commented that some
Board members have not produced access programming, that ECTC must be responsive
to the public, that ECTC did not listen to access users regarding appointment
of interim staff. McGuire responded to this comment by stating that ECTC was
designed to be independent of the Cable Commission, and that the Board appoint-
ments were made by the Mayor with City Council approval based on an enabling
ordinance for ECTC which was reviewed and discussed in a public hearing in the
fall of 1985. McGuire noted that many of the access users and those present at
this meeting spoke in favor of this enabling ordinance when the public hearing
was held in regard to the creation of ECTC. He further noted that ECTC is
responsible for making community programming work and suggested that access
users who have concerns to notify City staff until April 1st and the Commission
Cable Communications Commission
Minutes of 3/11/86 ... 2
will attempt to be of Whatever assistance possible until the ECTC Board takes
over full management and control. He further nuted that there is an annual
review of the performance and progress of ECTC.
Larry Fieburg introduced himself as a long time Evanston resident and access
user, He asked that the Commission look into Cablevision's programming line-
up and the absence of the Modern Satellite Network. McGuire responded that
the Commission will ask Cablevision about this.
With Commission approval, Acting Chair McGuire amended the agenda so that item
V , ECTC Interim Committee Report, could be discussed at this point in the meet-
ing.
The Comission then reviewed the community programming compliance plan for March
1986. and Cablevision's continuation of operations of the Evanston production
facilities and management of public access and local origination through March 1,
1986; and until April 1, 1986, all obligations of Cablevision to ECTC, as set
forth in Section 30 and Exhibit 14 of the franchise agreement as amended to date.
McGuire noted that the time required to secure insurance for ECTC's operation
of the facilities and programming obligations, and the time required to incor-
porate ECTC has necessitated the need for extension until April 1. 1986. Hazlett
moved approval of the compliance plan as drafted. Seconded by Benton -Brewer.
In discussion, Sampen noted concern about public access users' comments regard-
ing the facilities, and suggested that the Commission consider these concerns.
McGuire stated that ECTC does not yet have control of the facilities and that
if the Commission desires the successful performance of ECTC, people must try
to work with the new Board members first. He indicated that a confrontational
approach with complaints to the Commission is not an effective way to resolve
problems. Motion was approved unanimously.
Committee Reports:
Committee on Committees
Committee member Sampen explained the Committee's recommendations to the Commis-
sion regarding the change in Commission and Committee structures. He noted that
the direction of the Committee on Committees, at this time, is to suggest a
reduction in size of the Commission, the number of committees, and a going con-
cern regarding the relationship with ECTC. McGuire suggested that there has
been a procedural grid -lock for standing committees and that the suggestion of
the Committee to establish one working standing committee may duplicate the work
of the Commission. He indicated that the Commission might want to consider each
Commissioner being assigned various issues and developing certain expertise in
those areas of ongoing interest such as EEO, consumer complaints, technical
issues, etc. He suggested that the Commission as a whole could benefit by faster
resolution of issues in each of these areas. In addition, he noted that assign-
ment of specific long range tasks to ad hoc committees, such as the annual re-
view of Company performance, and ECTC's performance might be another avenue to
consider. He stated that community input is very thorough at this point with
the Commission's two standing agenda items for public comments and live phone
call -in questions at each live cablecast of Commission meetings.
Staff commented that the creation of ad hoc comm�.ttees and community members
being appointed to these committees has been a successful framework in the past.
Cable Communications Commission
Minutes of 3/11/86 ... 3
Specific examples noted included the Ad Hoc Compliance Committee formed in
July of 1983, the Mobile Van Task Force in April of 1984, and the Ad Hoc Cam-
mittee on Franchise Renegotiations which worked together with community members
over the past six months. Hazlett noted his concern that community input con-
tinue to be an important part of the work of the Commission and that in the
past tapping the resources available with community input has been a successful
part of the work of the Commission. Sampen thanked the Commission for the din-
, cession and stated that the Committee will continue its work with a report back
• to the Commission at the April meeting.
Staff Report on Consumer Complaints
Staff noted that there are only three consumer complaints which were reported
to the City during the month of February.
Cablevision's Response to Questions Re ar{� ding Right of Entry
In discussion of John Scaro's letter to City staff, dated February 26, 1986,
regarding a response to a question from the Commission dealing With litigation
and Illinois Public Act 84-3-67 which allows cable company access to multi-
family buildings. Scaro noted that Cablevision has served legal notice on several
landlords over the last two years, eight of which have subsequently been involved
in litigation under the new act. In response to Sampen's question as to why the
Company did not use the state statute more frequently, Scaro responded that the
Company's policy is to use the law only as a last resort in order to maintain
a good working relationship with Evanston landlords. This letter was accepted
as submitted.
Cablevision's Response to Questions Regarding Summer Marketing
Cablevision's letter of March 4, 1986, addressed to staff, was accepted. The
letter notes that the Company experienced some drop-off in subcriber numbers
during the summer marketing campaign, however this is attributed to the price
increase and the loss Was considered offset by successful salesmanship provid-
ing a leveling off as of this date.
ECTC Request for Clarification on Hiring and Funding
Staff noted ECTC request for clarification was provided in a letter explaining
that interim hiring is a practice of the City of Evanston and is not a violation
of fair employment practices, EEO or Affirmative Action as has been suggested
by certain access users concerned about interim hiring. Staff letter to ECTC,
President Alan Soell, dated March 4, 1996, was accepted as info mational communi-
cation to the Commission.
In addition, ECTC's request for transfer of funds was discussed by the Commission.
Hazlett moved that the Commission approve transfer of remaining funds for program -
minx Rrants to Evanston Community Television Corporation. Motion seconded by
Sampen; motion approved unanimously.
Commission Memo to Board of Ethics re Pro Bono Work for ECTC
Staff noted that this is a memorandum sent, as requested by the Commission, ex-
plaining the offer of Commissioner Alison Barkley's firm to provide pro bono work
for EC'IrC so that the convenors could become incorporated. The communication was
accepted as information to the Commission.
Cable Communications Commission
Minutes of 3/11/86 ... 4
Cablevision Monthly Construction Report
In discussion of the report. Scaro noted that Cablevision plans construction
to provide cable service to an additional 500 multi -family units in Evanston
in 1986.
Monthly Programming Report
Regarding the monthly programming report, questions were addressed concerning
mobile van use. There has been no mobile van use in the past several months,
and access users have indicated that lack of training appears to be a definite
reason for lack of requested use of the mobile van. It was noted that ache-
duled use of the mobile van is part of the agreement with ECTC. Benton -Brewer
asked for an explanation of the number of accuse users and how numbers are
tallied, specifically the number of uses of equipment and whether each use
represents an individual user or the number of times a specific user schedules
the equipment. The information is to be provided at the next meeting.
Company Questions and Answers
Sampen questioned Cablevision's intention to provide Modern Satellite Network
programming. Scaro responded that the service is being changed in terms of
satellite transmission and that it is his understanding that the new cable act
allows Cablevision to drop Modern Satellite Network programming. Further in-
formation on this will be provided at the April meeting.
Hazlett asked what Cablevision plans to do to increase penetration. Scaro
responded that Cablevision will be providing a weekend preview for all subscrib-
ers using the Basic Service Channel to provide the Movie Channel service in order
to attract additional premium subscribers. In addition, Scaro stated that the
Company intends to hire and train new sales representatives.
Public Comment
Terry Wexler introduced himself as a resident and access user, and stated that
he is a member of a group forming an ECTC user group to disseminate information
to access users. He stated that this will be a weekly paper to be distributed
to access users regarding training ideas, job availability and other issues to
provide a forum when public input is not possible. He questioned the interim
hiring of Joe Rosner. Wexler stated his concerns regarding copyright infringe-
ment, illegal use of programming, accountability of staff behavior, threats
against access users, and asked how ECTC can fill its purpose without resident
input. McGuire responded that it is unfortunate that before ECTC is fully in-
corporated and able to take over full responsibility for operations, that there
appear to be an onslaught of attacks against ECTC members. He suggested that
this is not unlike the response to Cablevision during its three years of manage-
ment of community programming. He indicated that reasonable people can work
together, and if this would be done something productive will certainly come out
of the new ECTC venture. McGuire further suggested that people not question the
integrity of the newly appointed members of ECTC. Hazlett concurred with McGuire
and recalled that when the Cable Commission first began that there were many
rough edges, as there are with every new startup. He noted that period of ad-
justments are natural and stated his hope that people will be patient, noting
that friction is bound to occur and suggested that a period of cooperation would
best serve everyone involved.
Cable CommuniCations Commission
Minutes of 3/11/86 5
Paul Rosen commented that he is more than Willing to give ECTC a chance but that
in his opinion a vacuum has been created, that there are massive problems in
production, that the facilities are not properly equipped, and that access users
have been badgered.
The meeting adjourned at approximately 9:00 p.m. The next meeting of the Cable
Commission is scheduled for Tuesday, April 8, 1986, 7:30 p.m. in Room 2401 of
the Civic Center. The meeting will be cablecast live on Channel 25.
Sally Ro hle, Staff
cc: Joel Asprooth
Present:
Absent:
Staff :
Cablevision:
Guests:
Presiding:
Minu tea
Minutes of the
EVANSTON CABLE COMMUNICATIONS COMMISSION
April 8, 1986
Alison Barkley, Jim Belcher, Hazel Benton -Brewer, Tom Hazlett,
Jim Heard, John McGuire, Don Sampen, John Wold
John Watterson,
Sally Roethle
John Scaro, Patty Dracek
Scott Sanders, Paul Rosen, Ray Winston, Brian Lahr
John Wold, Chair
The minutes of the March 11, 1986 Cable Communications Commission meeting were
approved as submitted.
Public Comments:
Scott Sanders stated that in his opinion there is a power void at the program-
ming facility due to the fact that the contract between Evanston Community
Television Corporation (ECTC) and Cablevision has been delayed until May 1, 1986.
He also commented that a tape submitted of the April 7th ECTC meeting was not
cablecast and that the Access Coordinator stated that it was "too boring for the
channel". In addition, the premier cablecast of Jack Korshak's interview program
was cablecast without sound. Sanders also stated that a tape produced by Evanston
Alternative Television was missing; that this program took 60 hours of work to
produce, and that it cannot be located at the facility. fie further noted that
a programming schedule voted down by the ECTC Board has been instituted by Access
Coordinator, Joe Rosner. After many efforts, a corrected schedule was reinsti-
tuted. Sanders also noted that at the last ECTC meeting a letter had been cir-
culated to the Board from Mr. Rosner who said that he would sue the Board if
Rosner's schedule was not adhered to. Sanders stated that ECTC voted a raise
for Rosner the previous week; that the use agreement between Cablevision and
ECTC has not yet been signed, and stated that in his opinion these actions will
hurt ECTC.
Paul Rosen stated his agreement with Scott Sanders' points, and that in his
opinion there is a power drive going on at the programming facility and that one
person is making unilateral determinations on management of the facility. Re-
garding an Evanston Alternative 'television tape which Rosen and Sanders state
have been stolen, Rosen said that Cablevision has acknowledged that the tape is
missing and has offered minimum restitution. Rosner also stated that Cablevision
has allowed Joe Rosner to acuse EATV of stealing their own tape. Rosen further
stated that in his opinion there are grievous problems with the ECTC Board, and
asked that there be a special meeting held by the ECTC Board and Cable Commis-
sion to iron out problems.
Ray Winston stated his concern regarding the fact that the last two tapes of
ECTC meetings have not been played back on the Community Channel 24, and that
Cable Communications Commission
Minutes of 4/8/86 ... 2
it is now crucial to open these meetings to a wider audience to provide for more
community input. He said that in his opinion the new ECTC Board is the same
type of regime with new faces and that it is Cablevision all over again. He
stated his concern about the lack of Board discussion regarding equipment pur-
chases.
Chair Wold suggested that if the three speakers wish that the Commission consider
their concerns, the same should be submitted in writing to either himself or the
Commission staff requesting that a specific subject matter be placed on the
agenda of a future Commission meeting. Wold noted that if a pervasive problem
exists that it can be an agenda item for the Commission to attempt to mediate.
He further asked that items for the Cable Commission's agenda be brought to the
attention of the Commission at least a week in advance of a meeting. McGuire
noted that disputes regarding rights of access users are one issue but the role
of the Cable Commission concerning ECTC is an annual review process. He stated
that there appears to be a pattern here which continues in that a member of the
ECTC Board is regularly coming to the Cable Commission with objections regarding
ECTC decisions. McGuire noted that any further role of the Commission should
be mediation, if in fact it is needed. He suggested that a mechanism for media-
tion be worked out between the Chair of the Cable Commission and ECTC. Wold
stated that if there are requests for issues to be discussed by the Commission,
that these be prepared for discussion by the Commission as an agenda item, noting
that the Commission needs background information on such issues, and that appeals
for the Commission to mediate would be entertained only with proper preparation
for same.
Committee Reports:
Committee on Committees
Committee Chair Alison Barkley presented the Committee on Committees report.
Barkley noted that at the present time the cable system in Evanston is substan-
tially completed and that with the creation of the Evanston Community Television
Corporation, the requirements for the Cable Commission's regulatory duties has
changed a great deal. Barkley also noted the improved communications between
the Commission and Cablevision. She noted that the Committee met three times,
considered substantial documentation, interviewed current and former chairs of
standing committees, and Commissioners who were active during the time of in-
tense Commission involvment with construction and public access matters.
Barkley offered the Commission the first recommendation of the Committee on Com-
mittees: that the Commission size be reduced from the current number of eleven
commissioners to seven commissioners. The method proposed for reduction would
be either by atrition, voluntary resignation, or completion of current terms of
existing commission appointments, until the total membership is at seven commis-
sioners. The second recommendation of the Committee is the elimination of three
of the four standing committees: Community Relations and Development, Public
and Institutional Access, and Technology and Training. Barkley noted the fine
work of each of the committees but stated that the findings indicate that the
responsibilities of these committees would now be managed by ECTC, and would be
reduced or eliminated due to changes in the franchise agreement. Consolidation
within the overall committee structure is therefore recommended.
Barkley stated that the Committee recommends that the Commission retain and
expand the scope of the Franchise Oversight and Development Committee so that
current committee tasks can be combined with certain items previously handled
Cable Communications Commission
Minutes of 4(8/86 ... 3
by the other committees. The new Franchise Oversight and Development Committee
will have the following duties:
a. franchise compliance
b. monitoring system construction
c. monitoring system technical integrity
d. monitoring compliance with Affirmative Action requirements
e. investigating system breakdowns
f. tracking system related housing and zoning iss+ies
g. reporting recommendations to the Commission regarding all
of the above
The Committee recommends that the bylaws be amended to restructure the Franchise
Oversight and Development Committee and that a resolution be created to outline
the current duties of the Committee.
Barkley noted that beyond the scope of the Franchise Oversight and Development
Co=ittee and the regular activities of the Commission, matters of significant
issues requiring research, study and recommendation may be presented and these
can be handled in one of two ways: the Commission create an ad hoc committee
composed of specific number of members, with specific scope of duties and time -
frame. and a specific desired work product (report, recommendation, public hear-
ing, mediation, etc.); a second method would be to assign on an ad hominem
basis for individual Commission member responsibility for investigation or report.
Such an assignment would be made through specific Commission resolution specify-
ing scope of duties, timeframe and desired work product. In conclusion, Barkley
noted that the Committee recommends no fester than two Commissioners be appointed
to the Franchise Oversight and Development Committee, and to each ad hoc commit-
tee to be created by the Commission. The Chair of the Franchise Oversight and
Development Committee, and of each future ad hoc committee should be a member
of the Commission as designated by the Chair, and the FOSD Committee should in-
clude Evanston citizens within its membership. Also community membership on ad
hoc committees is recommended. The Committee on Committees recommends that com-
munity members be obtained through notices placed in the Evanston Review and on
the cable community channel. Appointment of community members would be made by
the Commission Chair upon recommendation by the Committee Chair.
The Committee also recommends that the current initial preparation of the annual
report of the Cable Commission to the City Council, and the budget for the Com-
mission be handled by the Vice Chair of the Commission in conjunction with staff
for submission to the Commission. The final reports for both would be prepared
under the supervision of the Vice Chair. The Committee also recommends that
Commission staff continue current functions, and also circulate to the Commis-
sioners relevant legislative, judicial, and professional articles and literature,
and processing and resolution of subscriber complaints. The Committee further
suggested that the bylaws of the Commission be reviewed on a comprehensive basis,
taking into consideration the franchise agreement, and changes in the new Cable
Communications Act of 1984.
Chair Wold thanked the Committee for a fine report and specifically thanked each
member of the Committee: Alison Barkley, Hazel Benton -Brewer, Don Sampen, and
Jim Belcher. In discussion, McGuire suggested that there could be a problem
delegating all the regulatory responsibilities to one committee, and stated his
preference for ad hoc committees, noting however that there is more than one way
to delegate the work of the Commission. He suggested that all Commissioners be
assigned to specific projects so that each member can stay actively involved in
relevant issues of the Commission. He offered that the idea of specific assign-
Cable Communications Commission
Minutes of 4/8/86 ... 4
ments would provide a more detailed and knowledgeable report for Commission
action on specific issues. He suggested that the Chairman list ten areas
specific to the Commission and have members choose their areas of interest.
Benton -Brewer noted her reservation regarding the ad hoc committee idea, and
Barkley stated concern regarding staffing limitations for committees. Follow-
ing discussion, motion to restructure the Commission was passed unanimously.
Staff report on Consumer Complaints
Roethle noted that the current number of complaints by the Commission is four
for the month of March, 1986. She stated that the only outstanding complaint
items are those requests for cable service in unwired buildings in Evanston.
In a brief discussion regarding the resolution of cable consumer complaints,
Wald noted that the success of the system can be assumed unless there are com-
plaints brought to the attention of the Commission.
Cablevision Consumer Complaint Report
Scaro stated that unresolved complaints are being handled and expected to be
completed in a timely nature.
Cablevision Response to Questions Re arg ding the Mobile Van
A letter regarding the mobile van was accepted by the Commission. Wold asked
if and when a training class for mobile van production will be scheduled.
Cablevision Response to Questions Regarding Modern Satellite Network
As noted in a letter submitted by John Scaro, the Modern Satellite Network pro-
gramming is back on the air and is part of the learning channel on Channel 21.
MSN is programmed two hours per day.
Cablevision Response to Questions Regarding Local Programming Report
Scaro noted that the programming report category for dumber of Users under the
heading Public Access Production Hours of Editing indicates scheduled usage
rather than total number of uses by individual access users. The Commission
suggested that a clarification would be the term "usages" to indicate the number
of different access users.
Board of Ethics Memo to the Commission Re ardin Pro Bono Legal Services
for ECTC
The Commission accepted the communication from the Board of Ethics stating approval
of the arrangement and thanking the Commission for bringing the matter to the
attention of the Board.
New Agenda Item
Wold introduced a new agenda item under communications which was a request for
Commission approval and signature on an extension of the cable company's manage-
ment of public access and local origination facilities through April 30, 1986.
Wold noted that the use agreement is still being worked out between Cablevision
and the ECTC Board, and the insurance requirements have not been finalized. The
Commission approved the extension of the compliance Flan through the month of
April which waives all obligations of Cablevision to ECTC until May 1, 1986 as
required in the franchise agreement. The Commission approval of the extension
was unanimous.
Monthly Construction Report
In review of Cablevision's Monthly Construction Report, Wold asked Scaro to report
Cable Communications Commission
Minutes of 4/8/85 ... 5
on the status of providing cable service to the Levy Center. Wold requested a
response for the May Commission meeting. He also requested that the Company
provide information on service for print #183, and asked how Leslee's Restaurant
can be provided cable service if the Moffit Building is not going to be con-
structed.
Staff was requested to put together background information on the construction
status and pocket locations which do not yet have cable service.
Cablevision Monthly Programming Report
The programming 'report was accepted.
Annual Report
Regarding the Annual Report, Wold stated that he and City staff have yet to
complete a draft for the Commission but will attempt to do so by the May meet-
ing.
Commission Questions to Cablevision
McGuire asked Scaro Who owns the public access tapes. Scaro responded that
Cablevision owns the tapes. McGuire asked if there has been a general loss
problem regarding public access tapes. Scaro responded that there has been
some problem due to a "laissez-faire" attitude on the part of the Company
regarding storage of the tapes.
Call -In Questions
Wold introduced a question from a resident, Mr. Iry Diamond, regarding the cost
of local programming to Evanston subscribers. Scaro responded that given the
number of current subscribers, the cost to subscribers is approximately $2.95
per month, or $35 a year, but that in actual economic terms, the cost for local
programming is divided among all cable subscribers in all of Cablevision's 31
communities.
Another question was posed regarding why ECTC does not cablecant its meetings.
Wold stated that it is the decision of the ECTC Board of Directors. Wold re-
quested that staff send a letter to ECTC informing them of an individual call -
in request that their meetings be cablecant.
A caller stated disagreement with Cablevision's decision to drop Centel Video -
path programming and asked why it was dropped. Wold responded that this is a
matter for ECTC and asked staff to communicate this caller's inquiry to ECTC.
Another caller asked whether it is a conflict for Joe Rosner to be on Cable -
vision and ECTC payrolls. Wold responded that Mr. Rosner is not on both payrolls
at this time. He is an employee of Cablevision. McGuire noted that Rosner how-
ever is treated as an ECTC staff person during this interim period. He further
noted that the Commission needs to be careful not to interfere with the business
of ECTC and indicated that there are certain people who seem to be opposed to
all actions of ECTC.
Another caller asked whether or not blank channels can be programmed to bring
in Milwaukee or Springfield channels. Wold responded that this is a program
decision for Cablevision; McGuire noted that there are no Springfield channels.
Cable Communications Commission
Minutes of 4/8/86 ... 6
Another caller stated concern about the fact that a number of Commission members
are not access users. Wold responded that there are different interests for
different people and that While there are certain technical issues that are of
interest to him, that is not necessarily the case or requirement for all Com-
missioners nor is the access user =ard a requirement for members of the Commission.
Another caller asked when stereo services will be available on cable television.
Wold responded that cable stereo services are available at this time on cable
television for certain programming that is broadcast in stereo.
Another caller asked how Commissioners can understand access user problems with-
out being access users. Wold responded that it is not difficult to understand
the problems that have been presented by public access users. Most problems fall
in the policy area and these are issues that have been worked out by the Commis-
sion and can now be Worked out by ECTC.
Public Comment
Rosen stated that there is no campaign which exists against the ECTC Board but
that personnel problems do exist. He stated his concern, again, that a tap -a
belonging to ECTC was lost by Cablevision and that blaming the victim is absurbed.
He further stated that he has written a letter to the Commission requesting that
a special session be scheduled between ECTC and the Commission. He stated that
in his opinion one Commissioner is prejudiced against certain individuals and
asked that this member not be included in the special session he is requesting.
He futher stated his hope that Centel Videopath programming be cablecast, if
necessary, on another channel noting that commercial programming on Videopath
does not belong on an ECTC channel. He stated that his concern is for the com-
munity.
Ad1ournment
The meeting was adjourned at 9:45 p.m. 7he next meeting of the Cable Cosmnission
is scheduled for Tuesday, May 13. 1986, 7:30 P.M. in Room 2401 of the Civic Center.
b4&-C--
Sa Iy thle, Staff
cc: Joel Asprooth
Minutes of the
EVANSTON CABLE COMMUNICATIONS COMMISSION
May 13, 1986
Present: hazel Benton -Brewer, Jim Heard, John McGuire, Don Sampen,
John Watterson, John Wold
Absent: Alison Barkley, Jim Belcher, Tom Hazlett
Staff: Sally Roethle
Cablevision: John Scaro, Patty Dracek
Guests: Andrew Reis
Minutes
The minutes of the April 8, 1986 Cable Communications Commission meeting were
approved as submitted.
Public Comments:
Mr. Andrew Reis, of Leslee's Restaurant, spoke to the Commission about his two
year pending request to get cable service at the restaurant. He stated that he
has not received communication regarding this request for several months and
asked the Commission to act in his behalf. In response, Chair Wold stated that
he would meet within the next two weeks with representatives from Cablevision.
Request for Arbitration from Access User
Staff informed the Commission that Mr. Paul Rosen, who had requested the arbi-
tration, called the City to indicate that the need for the requested meeting
no longer existed. Mr. Rosen also stated that the Evanston Community Television
Corporation (ECTC) is handling other issues of concern.
Committee Reports
Staff provided a draft ordinance amending the Cable Commission's enabling ordi-
nance in Sections 2-11-1: Creation and Appointments; and 2-11-4: Powers of the
Commission. It was noted that the current ordinance terminates in September.
It was suggested that the Commission submit to Council proposed amendments With
a recommendation that the term of the Cable Commission be extended for another
two year period. In discussion, McGuire noted an additional item is required
under Section 2-11-2: Terms of Office: Vacancies, to provide a mechanism for
reduc;;ion in the number of members from eleven to seven by means of attrition.
Wold suggested that the Committee on Committees consider these changes after
Legal Department review of the draft. Wold further suggested that this item,
along with the Commission's bylaws and recommendation for ordinance renewal be
submitted to City Council for consideration in August.
Communications:
- ECTC Request for Time Extension
Chair Wold noted that the Evanston Community Television Corporation (ECTC)
has again requested time extension through May 31, 1986. ECTC's insurance
Evanston Cable Commission
Minutes of 5/13/86 ... 2
requirements for broadcaster's liability insurance is taking longer than
expected. It is anticipated that required insurance Will be in place by
June 1. 1986. McGuire moved to approve an extension of time for ECTC
mans went of Evanston public access and local origination programminR
until May 31. 1996. Motion seconded by Benton -Brewer. Following brief
discussion, motion passed unanimously.
- Staff Report on Consumer Complaints
Roethle distributed the April, 1986 consumer complaint report. It was noted
that the Administration and Public Works Committee requested these reports
be on a six month rather than monthly basis. Consumer complaint reports will
continue to be provided to the Commission on a monthly basis. The report
was accepted as subsitted.
- Cablevision Consumer Complaint Report
John Scaro, Cablevision's System ?Manager, presented the Company's customer
service report for April, 1986. Wold commented on the one week time span
to correct a signal quality complaint and asked that Scaro track this to
avoid any further delay in the resolution of this problem.
- Staff Report on Construction Pockets
Roethle reviewed a report to the Commission on the construction of "pocket"
areas to be completed to provide cable service to 10O% of the residential
areas in Evanston. The areas are identified by print numbers, based on con-
struction maps used by the table company. As a summary background, it was
noted that in 1984 there were eleven "pocket" areas to be completed; as of
May, 1966 there are six remaining areas.
Areas in prints 183A south. and 183A north have been completed. Regarding
print 183, the area in which Leslee's Restaurant is located, a number of site
surveys have been done. Costs for the required underground construction are
high and the most recent survey was done four months ago. Vie Commission
discussed alternative routes: underground construction requiring easements
from CTA - Northwestern Railroads, aerial construction over railroad property,
and underground construction across Sherman Avenue in Evanston. Scaro noted
that the Company's eu timated costs for the route across Sherman Avenue appear
to be very high, and that a solution may be realized if a shared cost agree-
ment could be reached with the owners of Leslee's Restaurant. Chair Wold
apologized to Air. Reis for the City's delay in providing communication re-
garding the status of this project and reiterated his interest in meeting
with Cablevision's management and engineering representatives to attempt to
resolve the situation.
On print 194. progress has been made for two of the homes in this area. How-
ever, twelve additional homes continue to be affected due to easement denial
by residents in this area. For print 191A, construction was completed in
1984. For print 354A, 44 homes are affected by easement denials. Staff re-
ported that Air. Scaro has made arrangements with an area resident to go door-
to-door, explaining the need for easement approvals and to attempt to secure
property owner's consent. Chair Wold noted that Roslyn Place was not listed
as an area affected by this and asked that staff track the print map to make
certain that this street is part of print 354A. It was noted that construc-
tion is scheduled for the 700 block of Sheridan Road and is expected to be
completed by the end of May to provide service to ten homes in this area.
Cable Communications Commission
Minutes of 5/13/86 ... 3
Additional easements will be needed for part of Sheridan Square. For print
302, it was noted that easement denial by a car dealership and the right-of-
way denial by CTA have prevented construction for cable service to a total
of 21 multi -family units on Howard Street east of Chicago Avenue.
For print 192, an easement denial in the 1000 block of Chicago Avenue affects
fifteen hoses. There have been four attempts since 1984 to secure same.
Prints 071 and 124 were reported as having been completed and the areas con-
structed. In discussion, Benton -Brewer noted that Cablevision's construction
report lists print 071 as unconstructed and awaiting approval from Common-
wealth Edison. Scsro indicted that this was an error in the May report and
will be corrected.
Chair Yold asked staff to provide an update on the construction pockets in
six months. !McGuire noted that the print areas represent easement ptvblMs
which prevent service to a specific number of homes; that the 2,701 unbuilt
apartment units are not serviceable due to lack of landlord agreement or,
in some cases, the Company has not marketed these areas. In comparison to
the number of subscribers six months to a year ago, it was noted that there
are about 30 to 40 new subscribers per month.
Cabievision's Monthlv Construction Report
The Commission noted changes to be made on the report in construction status
under Milestone IV, regarding print area 071, and the number of homes affected
in print areas 354A, 203A, and 302 based on the summary report provided earlier.
Regarding Levy Senior Center, staff noted that it is the City's recommendation
that construction requirements for this block on Maple Avenue be postponed pend-
ing completion of project plans for the Research Park. Scaro noted that a
programming representative from Cablevision will be visiting the Director of
the Levy Center to discuss possible senior citizen programming for the public
access channel. Wold stated that Garrett Seminary and Faith Christian are still
on hold.
Annual Report
Chair Mold asked that members of the Commission review the draft outline for the
report and submit to him or to staff suggestions for additions, deletions, or
other changes so that further work can proceed on the report.
Public Comments
There were no public comments or call -in questions.
Ad}ournment
The Commission meeting adjourned at 8:30 p.m. The next scheduled meeting for
the Cable Communications Commission will be Tuesday, June 10, 1986.
Sa ly R I Staff
cc: Joel Asprooth
Minutes of the
Present:
Absent:
Staff:
Cablevision:
Guests:
Presiding,:
Minutes
EVANS70N CABLE COMMUNICATIONS COMMISSION
June 10, 1986
Alison Barkley, Jim Heard, John McGuire, John Watterson, John Wold
Hazel Benton -Breuer, Jim Belcher, Tom Hazlett, Don Sampen
Sally Roethle
John Scaro, Patty Dracek
Paul Rosen, Sidney Zwick, Barbara Eckel
John Mold, Chair
The minutes of the May 13, 1986 Cable Communications Commission meeting were
approved as submitted.
Public Comments:
Paul Rosen complained about audio reception on the municipal channel; ECTC's
insistence on Directors and Officers liability insurance; lack of responsibility
on the part of ECTC, Cablevision and the Commission regarding activities of the
1285 Hartrey programming facility. Rosen stated opposition to leased use of the
studios and City Council reinstatement of the Cable Commission.
Chair cold asked that issues to be considered for action by the Commission be
submitted to staff in writing for inclusion as agenda items.
Sidney Zwick, of the Southeast Evanston Community Conference, stated his concern
about the apparent lack of responsibility for community programming issues and
suggested that it has a serious impact on users. He questioned the creation of a
non-profit organization rather than management of community programming Within
the framework of City government.
Chair Wold responded that £CTC was established as a conscious decision to establish
the independence of community programming. He stated that the City has a vested
interest in Channel 25, the municipal programming channel. He further noted that
other models were investigated and researched by the City. Effective community
programming is most often managed by independent non-profit corporations or cable
companies. Wold acknowledged that current problems are very real and getting
more difficult due to the delay in takeover, originally scheduled for March 1,
1986.
Zwick then suggested community ownership of the cable system and presented articles
describing 42 communities in the United States in which municipalities own and
operate the cable system. He noted that the Southeast Evanston Community Confer-
ence talked to Cablevision about purchase of the system.
In response, McGuire explained that it would be difficult for the City of Evanston
to argue that the municipality should purchase and invest 7 to 12 million dollars
to operate a cable system. He stated that if this community cannot make access
programming a viable interest under the present structure, it would not pay to
charge taxpayers for the type of expense suggested by Mr. Zwick.
Cable Communications Commission
Minutes of 6/10/86 ... 2
Committee on Committees Report
Committee Chair Barkley reviewed the Committee report and suggested that members
review the information for full discussion at the July meeting. The report in-
cludes changes in existing bylaws, proposed amendments to the bylaws, and a sug-
gested format for appointing ad hoc committees. She further noted that to amend
the bylaws an Affirmative vote of the committee of the whole is required.
Communicationa:
Evanston Community Television Corporation (ECTC) Budget and ProgramminS Report
The Commission reviewed a report submitted by ECTC including a copy of the
bylaws, articles of incorporation, a proposed budget, and a programming plan
for May. 1986. McGuire noted items for consideration: a request that the
compliance plan whereby Cablevision continues management of the operation be
extended through the month of June, 1986 due to the fact that ECTC has not yet
acquired all the necessary forms of insurance; a programming plan; and the
budget for ECTC.
McGuire noted that the ordinance creating ECTC required such a plan 90 days
after incorporation. He stated that the anticipated plan is to be developed
after consultation with the community so that the Board can determine what
programming they can produce. He noted that it is important to develop a
realistic timeframe with ECTC for this report. McGuire suggested that unfore-
seen complications have included insurance issues, some uncongenial people,
and --he difficulty of the mechanics of the operation given this in-between
period. lie suggested that if takeover is not possible by July 1, 1986, :hat
the Commission work with ECTC to determine what can be done in the continued
interim period. He noted that ECTC Board is frustrated as anyone else at
this time.
Barbara Eckel, ECTC Board member, informed the Commission that the insurance
broker working on behalf of ECTC has stated that the necessary broadcaster's
liability insurance should be available at any time. John Scaro noted that
Cablevision had offered to help on the insurance problem months ago. but it
was the thinking then thattoo many brokers working on securing the same type
of insurance could create a problem and that the Board believes that one of
the two options being studied for insurance will work out. Barkley stated
that even though the transition period is difficult she supports the Board's
need for both broadcaster's and director's and officers' insurance.
Wold commented that the Commission does not want to direct ECTC regarding the
type of insurance it must have beyond requirements of the use agreement. He
agreed that a meeting on or about July 1, 1986 is a good idea to see what
actions can be taken to resolve present issues.
McGuire moved that the Commission approve an interim compliance period through
June 30, 1986. Motion seconded and approved unanimously.
McGuire suggested that the Commission again discuss with ECTC Board the require-
ments for a programming report so that this can be available for the July Com-
mission meeting. Eckel indicated that guidance is needed regarding the intent
of the language. Wold agreed that a meeting should be scheduled between ECTC
Board members, McGuire and himself for this purpose.
McGuire commented that it is important that the Commission send a message to
the ECTC Board concerning the Commission's understanding of the Board's dif-
'Cable Communications Commission
Minutes of 6/10/86 ... 3
faculties. Eckel commented that the most difficult situation is that of per-
sonnel in the interim period.
- Staff Report on Consumer Complaints
This report was accepted as submitted
- Cablevision Report on Consumer Complaints
This report was accepted as submitted.
Construction Report
Scaro noted that the Company recently completed work to provide cable service to
thirty additional housing units in Evanston. There was a brief discussion on the
decrease in the number of subscribers for the month; Scaro noted that May is
a transition month for renters in Evanston, which most likely affects the number
of subscribers at this time of year.
Cablevision Monthly ProgramminR Report
The report was accepted as submitted. Brief explanation was given regarding play-
back discrepancies caused by automated switching equipment.
Annual Report
Woad stated that there were no changes or additions submitted by Commission members
and that a draft report will be presented to the Commission for review at a sub-
sequent meeting.
Subscriber Privacy Issue
Wold noted written material Cablevision recently sent to subscribers regarding
privacy rights according to the Cable Communications Act of 1984. Wold stated
that he will request a formal written response from Cablevision on subscriber
privacy issues to determine if the Company intends to go beyond the franchise
agreement requirements regarding subscriber privacy. A response will be requested
for consideration at the July Commission meeting.
Company Questions and Answers
McGuire asked Scaro about the Company's future intentions to provide C-Span cover-
age of U.S. Senate meetings. Scaro responded that the Company is considering same
in terms of cost to the Company and potential subscriber interest and will most
likely provide this service sometime in the future.
There being no further public comment or business, the meeting adjourned at 9:15
p.m.
1
Sally Ro hle, Staff
cc: Joel Asprooth, City Manager
Minutes of the
EVANSTON CABLE COMMUNICATIONS COMMISSION
July 8, 1986
Present: Alison Barkley, Tom Hazlett, Jim Heard, Don Sampan,
John Watterson, John Wold
Absent: Jim Belcher, hazel Benton -Brewer, John McGuire
Staff: Sally Roethle
Cablevision: John Scaro
Guests: Paul Rosen, David Ryba, Scott Sanders
Presiding: John Wold, Chair
Minutes
The minutes of the June 10, 1986 Cable Communications Commission meeting were
approved as submitted.
Public Comments:
There being no members of the public requesting time at the beginning of the
meeting, the C -m ission proceeded with the ageada items.
Committee Reports
Committee on Committees: Chair Alison Barkley reviewed the two written reports
submitted to the Commission in June - the suggested resolution format for appoint-
ing ad hoc committees, and proposed amendments to the bylaws of the Cable Com-
mission. Barkity roved, and Heard seconded, approval of the Bylaws revisions.
In discussion, Wold suggested that a change be made in Section 6 (f)(4), line 7,
to delete the phrase: "one of whom may also be Committee Chair", and insert a
new sentence: "The Commission member Chair may be one of these two members."
With this change, the proposed Bylaws revisions were approved as submitted.
Heard moved, and Hazlett seconded, approval of the suggested resolution format
for appointing ad hoc committees. in discussion, Hazlett suggested that in line
2, following the reference to Section (f) of the bylaws, that that section be
inserted for clarification. With this addition,the resolution format for appoint-
in
ad hoc committees was unanimously approved by the Commission.
Regarding proposed changes to Ordinance 81-0-81, the enabling ordinance which
creates the Cable Communications Commission, Barklev moved, and Hazlett seconded,
chances to Section 2-11-1, which will reduce the number of Commissioners from
11 to 7, and Section 2-11--2, specifying 3 appointments for a three year period,
2 appointments for a two year period, and 2 appointments for a one year period.
Sampen suggested that language be added for clarification, as follows: "Further
that appointments. thereafter, will be staSgered appropriately to maintain a
balance of uverlanniilv, terms. k1so change Section 2-11-4: G. by adding: "where
w
Cable Communications Commission
Minutes of 7/8!86 ... 2
feasible, community involvement with committees". Motion on changes to the
ordinance, as detailed above, was approved unanimously.
Wold commended members of the Committee - Alison Barkley, Don Sampen, and Hazel
Benton -Brewer - for their work and contribution.
Communications:
- ECTC request for time extension
Staff noted that the Evanston Community Television Corporatian (ECTC) and
Cablevision have requested Commission approval for a thirty day extension,
during which time Cablevision Will continue to manage and operate the pro-
graming facilities. It was explained that the ECTC Board is still waiting
for confirmation of insurance for Broadcaster's Liability and Directors' and
Officers' Liability. Wold noted that he, Commissioner McGuire, Cosmission
staff, and three members of the ECTC Board will be meeting later in the month
to discuss the work of the Board and any assistance the Commission may be able
to provide. The Commission approved the time extension request through July
31, 1986.
- Staff Report on Consumer Complaints
Roethle reported that for the month of June there were three consumer complaints
which have been resolved. It vas noted that one complainant has a proLlem with
the location of the tap box outside a condominium building where this person
lives. An attempt to correct the problem with a minor construction modification
will be made by the Company.
- Cablevision Report on Consumer Complaints
Cablevision report on consumer complaints was accepted as submitted,
Monthly Construction Deport
Regarding the Construction Report for the month of .Tune, submitted by Cablevision,
Hazlett asked for an exYlanation concerning the number of subscribers. Scaro ex-
plained that the correct number is 6,903 as of this date. Hazlett noted that sub-
scriber research conducted by former Commissioner Bob Menges revealed that while
community programming is not a real draw in terms of subscribers, that it never
appears to have been given enough publicity. He asked for information on the
Company's telemarketing efforts, and the Company's allowance for local control
over marketing efforts in she Evanston system. Scaro explained that the Company
is doing telemarketing, and that additional sales people are being hired and
trained. He stated that this is an area in which the Company is devoting consider-
able interest and energy. Scaro noted that the local marketing is managed by two
New York employees and two Chicago area employees.
Cablevision's Monthly Programming Report
Cablevision's monthly programming report was accepted as submitted.
Call -In Questions
At this point in the meeting, the Commission answered call -in questions from
viewers as follows:
Cable Communications Commission
Minutes of 7/8/86 ... 3
- Regarding subscriber fees for the different programming packages offered by
Cablevision, Scaro explained that the Company retails these services and marks
up the wholesale price to cover the cost of providing the service to sub-
scribers and allowing for profit for the Company.
- A caller suggested that the Commissioners be designFted a color to simplify
designation of position in terms of length of, appointed service on the Com-
mission.
- Winston Propp stated that the ECTC is acting in an irresponsible manner by not
attending meetings of the Commission to explain the operations of the Board;
that the Board exhibits a lack of concern for access users; that the Hoard
plans to close the facilities for a two week period which will be detrimental
to the momentum built up for studio use; and that the Cable Commission should
be more involved with the operation of the ECTC Board. Propp also questioned
why there is not a BETA player/recorder available at the programming facili-
ties to allow for duplication of copies and BETA format for home use. Staff
was asked to refer this suggestion to the ECTC Board of Directors,
Annual Report
Chair Wold explained that he and staff are working on the annual report which is
expected to be submitted in a draft form for Commission review at the August
meeting.
Public Comments:
Dave Ryba, of Citizens for Alcohol Reform, stated that in his opinion ECTC is not
working out problems addressed by access users in a constructive fashion, and in
his mind there is a question about the legality of the meetings. He suggested
that the background of people appointed to the Board should be checked out more
carefully.
Paul Rosen stated that he and fellow access producers have completed a video tape
of the Evanston 4th of July parade, and informed the Commission and the viewing
audienLe that it will be replayed the following Saturday at 10:30 a.m., and on
two following Tuesday evenings. Rosen further stated his concern regarding
ECTC Board's early adjournment of its last meeting due to lack of proper notice,
and complained that ECTC Chair has stated that ECTC is not a public corporation
and that access is "passe". He stated that in his opinion more regulations appear
to be going into effect that restrict and restrain public access, and that the
Commission should be more involved and work to get ECTC off to a better start.
The meeting adjourned at approximately 9:30 p.m. The next regular meeting of the
Cable Communications Commission will be held on August 12, 1986 at 7:30 p.m. in
Room 2401 of the Civic Center. This meeting will be cablecast live on Channel 25.
Sally Roe le, Staff
cc: Joel Asprooth
Minutes of the
EVANSTON CABLE COPaIUNICATIONS CO!DIISSION
August 12, 1986
Present: Jim Heard, Tory Hazlett, Don Sampen, John Watterson, John Wold
Absent: Alison Barkley, ,dim Belcher, hazel Denton -Brewer, John McGuire
Staff: Sally Roethle
Cablevision: John Scaro
Guests: David Ryba, Scott Sanders
PresidinE: John Wold, Chair
Minutes
The minutes of the July 8, 1986 Cable Commission meeting were approved as
submitted.
Public Comments:
David Ryba, Citizens for Alcohol Reform, stated that due to problems he is
having regarding scheduling programming on Channel 24, he is asking the Com-
mission for an administrative review process. Chair Wold responded that a
written statement regarding the facts of the situation should be submitted
to the Commission in advance for consideration as an agenda item.
Scott Sanders, Evanston Alternative Television, stated that he is having the
same problems as Ryba; requested a hearing and will submit this in writing.
He further stated that in his opinion the Commission should not continue to
exist because he feels that the Commission's work has slowed down the regula-
tory process. Also, in his opinion, ECTC is coming to a better understanding
regarding the rights of access users due to Commissioner XcGuire's clarifica-
tion of the purpcse and respon sibilitics for El,:7C. lie asked tht: Commission
for an appeals process regarding the dispute that he and Ryba are having with
ECTC. Wold responded that further factual information, in writing, will be
required. This is to be submitted by August 26, 1986 if it is to he scheduled
as an agenda item for the September Corc::ission meeting.
Communications:
- Commission me7orandun to Citv Council reQardin_: amendments to the CO -issiOn's
enabling ordinance.
Staff introduced a draft memorandum to be submitted to the City: Council's
Administration and Public Works Co::-ittee for the August 26, 1986 meeting.
The memorandum describes Commission recommendations for chanties to the en-
abling ordinance including reduction in size of the Commission to seven
members, and changes to sections regarding co =unity corLmittees, and terms
of appointment. The Commission unanimously approved the draft tc be sub-
mitted as written and forwarded for Citv Council consideration.
- ECTC reauest for ti-(_ eye enG__r
The Commission considered a recues_ ._n;- Can_e%-isior. and Fvanste- Community
Cable Communications Commission
Minutes of 8/12/86 2
Television Corporation (ECTC) for continuation of Cablevision's management
of the programming facilities through September 2, 1986. Staff explained
that as of that date, the ECTC Board expects to take over the programming
facilities. All insurance requirements have been obtained, and the Board
is in the process of hiring an Executive Director. John Scaro commented
that Cablevision wants to see ECTC go forward, and that the Company will
honor its commitments to ECTC, the Cable Commission, and the City of Evans-
ton. The request for extension through September 2, 1986 was unanimously
approved by the Commission.
- Preparation of the FY 1987-88 Budget
Staff highlighted comments in the memorandum regarding the budget for 1987-88
and noted that, as required by the Commission bylaws, the Vice Chair and staff
are to prepare a report for Commission approval on the budget to be submitted
for the Cable Communications program element. it was noted that there can
only be a 1.5% appropriation increase, and that 10% budget reduction options
are to be proposed. In discussion, Hazlett :suggested that the Commission
should recommend purchase of a portable switcher in order to provide two
camera production for coverage of City Council meetings. lie noted that the
cablecasts would then offer superior level of coverage and help_ atone people
to watch City Council meetings. A number of items in previous budgets were
reviewed and the format discussed. It was agreed that members of the Commis-
sion would provide suggestions for Com.mission's budgetary needs by Friday,
August 29, so that a report can be prepared for Commission approval at the
regular September meeting.
- Staff Repert on Consumer Complaints
Staff noted that the City's cable consumer complaints for the month of July
were again low - three complaints were received and resolved.
- Cablevision Report on Consumer Complaints
Scaro presented the Company's report on consumer complaints received for July,
1986 and noted that one pending installation complaint was resolved as of
August 5, 1986. In response to Hazlett's question on the number of billing
complaints, Scaro responded that 84 ?pilling questions aTc,unts to less than
1% of the total number of subscribers in Evanston and that overall this is
an acceptable number.
- Letter from David Rvba to Cablevision's Director of Programming
Wold noted that given the information contained in the letter, dated July 30,
1986, there does not appear to be an indication that Co=ission involvement
is necessary at this point. Discussion began with Ryha concerning his state-
ment regarding denial of access. Ryba commented that in his opinion Cable -
vision and ECTC make things difficult for producers, and although he is a
certified access user the Company employees have required that he fill out
a treatment fora regarding programming he wants to produce, and that Ryba has
heard complaints from other access users. Wold responded that the interim
period before ECTC control of management and operations has been difficult
for everyone, and that this type of problem cannot be resolved at this moment
due to the transition situation, and suggested that if in six months the pro-
blems still exists, then it will clearly be an ECTC problem. he suggested that
the complaint be taken in perspective, given the fact that there is a month-
Cable Communications Commission
Minutes of 8/12/86 ... 3
to -month situation going on which makes it difficult for Cablevision, ECTC
Board, programming employees and access users at this time. Wold suggested
that if Ryba cannot get satisfaction from the ECTC Board of Directors after
following given procedures, the unsettled dispute would then come to the
Commission.
Cablevision's X.onthly Construction Report - July, 1986
The report was accepted as submitted.
Cablevision's Monthly Programming Report - July, 1986
There was a question regarding the information in the report noting that only
one person had been studio trained during the month. Scaro responded that it
most likely indicated a studio proficiency test -out for one individual.
Company Questions and Answers
Wold noted that he had received a responGe from Larry Greenberg in answer to
questions about Cablevision's co= unication to subscribers regarding the
Privacy Act. Scaro noted that the Company is extremely aware of Evanston's
sensitivity regarding subscribers' privacy, and that some recent Company mail-
ings to subscribers were excluded for the Rvanston community to avoid any con-
flicts or problems with the Con -mission or subscribers.
Scaro then infc,med the Com..nission that Larry Greenberg has resigned ar General
'Tanager for Cablevision of Chicago and has accepted a position out of State. He
informed the Co=ission that Pis. Irene McPhail has been appointed as the new
General Manager for Cablevision of Chicago. Ms. McPhail has several years of
experience with Cablevision and was most recently General Manager of a system in
Crestkill, New Jersey which has approximately 37,500 subscribers. Scaro stated
that he hopes tc have an opportunity to introduce Ms. McPhail to the Commission
at a future meeting.
Annual Report
Told indicated that a report is still in the works and will be submitted to the
Commission in draft farm as soon as it is completed.
Public Comments
The Commission discussed a request from Scott Sanders and Dave Reba for a hearing
on their denial cf progra=ing privileges by Cablevision. In discussion, Co=is-
sioners agreed that more information on the issues is needed and that notifica-
tion to all parties involved is appropriate prior to a hearing. Sampen suggested
that the complainants write a letter stating all fac-s and upon receipt that staff
could forward the letter to the respondents for consideration prior to any Commis-
sion action.
Adjournment
The meeting adjourned at approximately 9:15 p.m. The next regular meeting of
the Cable Communications Commission will be on Tuesday, September 9, 1986 at
7:30 p.m. in Roo= 2401 of the Civic Center. ;he -eeting will be cablecast on
Channel 25.
cc: Joel Asprooth
~ally RoethlE, Staff
Minutes of the
EVANSTON CABLE COMMUNICATIONS COMMISSION
September 9, 1986
Present: Jim Heard, John McGuire, John Watterson, John Wold
Absent: Alison Barkley, Hazel Benton -Brewer, Tom Hazlett, Don Sampen,
Jim Belcher
Staff: Sally Roethle
Cablevision: John Scaro
Guests: Peter Duffy, Paul Rosen
Presiding: John Wold, Chair
Minutes
The minutes of the August 12, 1986 Cable Communications Commission meeting
were approved as submitted.
Public Comment
Paul Rosen stated his disagreement and feelings about the Evanston Community
Television Corporation (ECTC) Board decision to revoke the programming and
production rights of Paul Rosen and Scott Sanders, and the Board's notice
regarding closing the facilities during the month of October. He stated that
in his opinion Board actions are due to political motivations and that rights
of viewers are being denied. He said that he is proceeding with the boycott
of Cablevision and ECTC until all of the rights of producers are recognized.
McGuire noted that in a previous conversation with Mr. Rosen, he advised Messrs.
Rosen and Sanders to put their complaints in writing. McGuire stated that this
suggestion has not been followed. lie further suggested that if facts exist that
can be presented, that it is difficult to understand why they have not put their
complaint in writing. He stated disappointment in those who claim to support
access but now wish to destroy the entity which has been created to provide for
access. He further suggested that anyone who feels that his/her rights have
been abridged should put their complaints in writing so that these can be dealt
with. McGuire also noted that programs produced by Messrs. Rosen and Sanders
are not being banned.
Wold noted that the Commission asked for a written statement of the situation,
and that the Commission is aware of the suspension of privileges of three indi-
viduals.
Communications
The Commission accepted, as information, a letter from the ECTC Board of Directors
outlining suspension of privileges of Yessrs. Sanders, Rosen and Ryba.
Report on ECTC/Commission Planning Session
Vice Chair McGuire reviewed the September 5, 1986 memorandum to the Commission
regarding the Planning Session and noted that the purpose was to go over mutual
Cable Communications Commission
Minutes of 9/9/86... 2
responsibilities. A plan to resolve user complaints was worked out with ECTC.
Commission review of access user, user organization complaints will be a peti-
tion process that will require: (1) prior attempt to resolve an issue in
dispute with ECTC staff and Board; (2) written statement of facts from the
petitioner detailing the issue in conflict; (3) petitions are to be submitted
to the Commission staff for review to determine if all required information is
provided and that the petitoner has first sought resolution with ECTC. The
Commission staff will then request a written response from ECTC regarding the
petitioner's information; (4) the Commission staff will forward the petition
materials to ECTC, and will report to the Commission. The Commission will then
schedule a date for a hearing and the petitioner and ECTC Board will be notified
of the hearing, if necessary. The Commission staff may attempt to resolve dis-
putes after filing and prior to a report to the Commission, if possible. McGuire
described the issues that may come up as consumer issues of a different kind. He
then moved approval of the report. In discussion, Chair cold suggested that it
may be possible for staff to attempt to resolve conflict issues brought before
the Commission as a petition for hearing that are caused by a misunderstanding.
McGuire noted that staff attempts in this regard may result in an easy resolution
of the problem. McGuire also noted that ECTC took over managment control of
programming facilities as of September 2, 1986. Motion to approve the report
was approved unanimously.
Report on 1987-88 BudRet
The proposed 1987-88 Cable Communications budget was reviewed with recommendations
proposed by the Commission at the September Commission meeting. McGuire moved
approval of the proposed budget. Motion passed unanimously.
Staff Report on City Consumer Complaints - August, 1986
Staff noted that there are four complaints for the month of August - three of
which have been resolved. It was noted that the unresolved complaint involves
completion of a parkway construction in the 900 block of Colfax. At the request
of the Commission, staff will check with the City Engineering Department regard-
ing easement requirements for this construction which involves the Northwestern
University cable system for service to Dyche Stadium.
Cablevision Report on Consumer Complaints - August, 1986
The Cablevision Consumer Complaint report for the month of August, 1986 vas
accepted as submitted.
Call In Questions
The Commission responded to a caller's request for information on why ECTC is
closing its studios for a period of time, and if the ECTC Board of Directors
has established a plan for the shut -down period. Chair Wold responded that the
Board's plan was to have the facility painted and to discuss planning with the
new Executive Director to be appointed.
Another caller stated that all required production equipment is not available
at the programming facilities, and that in one of the editing suites certain
items have been missing for five to six months, McGuire responded that it is
Cablevision's responsibility to provide all equipment in the facility as agreed
to in the franchise agreement. In terms of availability of equipment due to
' Cable Communications Commission
Minutes of 9/9/86 ... 3
maintenance and down time, he stated that this is no longer Cablevision's
responsibility.
Cablevision Monthly Construction Report
Chair cold asked Cablevision's System Manager to provide information an the "on
time" schedule of apartment builds for 1966. He also requested the Company
provide a report on construction within the Merrick Rose Garden and noted that
an easement may be required from the City prior to approval of a permit for this
construction. Watterson questioned Cablevision about the status of the service
to Leslee's Restaurant. The System Manager responded that there are construc-
tion expenses ,and difficulties with engineering requirements, but further work
will be dane to determine how service can be provided as requested by the res-
taurant. Watterson requested demographic information on subscriber counts.
Wold commented that with grant funds still available for information on cable
services to residents of Evanston, the Commission could authorize a survey re-
garding viewing habits of viewers. Watterson responded that it may be useful
regarding the success of cable operations.
Cablevision Monthly Programming Report - August, 1986
Wold requested that Cablevision check and provide information on reports of
certain equipment being out and not available at the facility.
Regarding information item to the Commission, WJUF cable broadcasting station's
request for coverage of a telethon on September 14, 1986, John Wold noted that
Cablevision has scheduled programming time so that the request from WJUF will
be honored.
Public Comment
Paul Rosen stated that in his opinion, ECTC has banned programming produced by
Messrs. Rosen and Sanders because of complaints made by individuals. He stated s
that it hurts him to call a boycott and that he had great hopes for access. He
said that the purpose of the boycott is to change the present situation which
he feels does not promote public access. He indicated a doubtful attitude about
fair hearing possibilities from ECTC and stated his opinion that ECTC Board is
destroying access.
McGuire responded that if an individual has a case, violations should be detailed
in writing so that a factual basis of the violations are clear and understood by
the responsible parties.
Additional call -in question was received concerning whether or not Cablevision
will make available programming equipment from other facilities during the period
of time ECTC closes the facilities. Cablevision System Manager responded that
outside equipment will not be made available by Cablevision.
Meeting adjourned at 9:10 p.m. The next regular meeting of the Cable Communica-
tions Commission will be held on Tuesday, October 14, 1986 at 7:30 p.m. in Room
2401 of the Civic Center.
Sally Roe le, Staff
cc: Joel Asprooth
Minu tea of the
EVANSTON CABLE COMIUNICATIONS COMMISSION
October 14, 1986
Present: Tom Hazlett, Jim Heard, Don Sampen, John Watterson, John Wold
Absent: Alison Barkley, Jim Belcher, John McGuire
Staff: Sally Roethle
Cablevision: Irene McPhail, Charles Bartolotta, Douglas Medina
Guests: Scott Sanders, Patricia Dracek
Presidia&: John Wold, Chair
Chair Wold declared a quorum present and called the meeting to order at 7:40 p.m.
Chair cold then Welcomed Cablevision management representatives: Irene McPhail,
General Manager; Charles Bartolotta, Assistant General Manager; Douglas Medina,
Chief Engineer. Ms. McPhail noted her previous management experience, and that
of Messrs, Bartolotta and Medina in Cablevision's New York and New Jnrsey systems.
She stated their interest and commitment to a successful working relationship
with the City.
Minu tes
The minutes of the September 9, 1986 Cable Communications Commission meeting
were amended to read: "A quorum was declared present and the meeting was called
to order at 7:40 p.m."
With this amendment, the minutes were approved as submitted.
Public Comment
Scott Sanders stated that at an ECTC Board meeting the previous week he was asked
to leave the premises; that he felt ECTC is subject to the Open Meetings Act,
and that this is a violation of the Open Meetings Act. He also stated that he
wants two of his programs on the Park Watch meeting and First Amendment to be
cablecast before the first week of November on the ECTC channel 24. He further
stated that in his opinion the revocation of his programming and production
privileges is a political decision based on the subject matter of the programming.
Chair Wold informed Mr. Sanders that the Commission has no standing in consider-
ation of first amendment issues and that if Mr. Sanders would like to make a case
in this regard, it should be taken to the appropriate court. Wold further ex-
plained the Commission's policy to hear complaints submitted in advance and in
writing which deal with unresolvable issues between users and the ECTC Board of
Directors.
Communications:
Staff report on Consumer Complaints
Staff noted that for the month of September, 1986, only one consumer complaint
had been received. It dealt with a request for a specific type of interior
installation and has been resolved as of this date.
Cable Communications Commission
Minutes of 10/14/86 ... 2
Cablevision report on Consumer Complaints
The Commission accepted the report as submitted. At the November meeting, there
will be additional information on the thirty-one billing complaints.
Monthly Construction Report
The Company's monthly construction report for September, 1986 wA4 accepted by
the Commission. Ms. McPhail explained the Company's new procedures to deal with
delinquent subscribers, noting that delinquent accounts are first dealt with by
scrambling the signal from the addressable system at the converter. If delin-
quency continues, service is then terminated at the tap outside the house. She
noted that the Company is preparing a new sales campaign for the Evanston area.
Hazlett reminded Company officials of the long standing policy between the
Company and the City that all materials to be sent or distributed to subscribers
vould be submitted for Commission review at least thirty days in advance of the
usa of the materials. Ms. McPhail indicated that this would continue to be the
case; that the Company Would be interested in any suggestions the Commission may
offer regarding Company materials distributed to Evanston subscribers.
Easement for the Merrick hose Garden
Staff referred to a memorandum describing Cablevision's request for an easement
from the City to do underground construction along the inside perimeter of the
southwest lot line at the Merrick Rose Garden. It was noted that appropriate
City departments have been contacted and have given approval for the construction,
as described in the permit attached to the memorandum. Tt vas moved that the
Commission grant approval to Cablevision for an easement through the Merrick Rose
Garden to provide cable service to residents of Lohr Park Condominiums. In dis-
cussion, Cablevision's Chief Engineer, Doug Medina, informed the Commission that
the trench which would be built would be one foot wide along this easement, and
that the cable will be in conduit buried 18" to 24" deep. Following further
discussion, the Commission unanimously approved the request for the easement at
the Merrick Rose Garden. Staff was instructed to prepare a memorandum to the
Administration and Public Works Committee for the October 21, 1986 meeting, in-
dicating Commission recommendation for the City's grant of easement for construc-
tion through the Merrick Rose Garden.
Ms. McPhail responded to the previous month's request for information from the
Commission regarding the status of unbuilt apartment units in Evanston. She
noted that the Company has divided the total number of units scheduled for 1986
into four categories. To date, 145 units have been constructed and released to
sales for 1986. The remainder, approximately 500 units, are categorized into
those likely due to anticipated approval by property owners; those somewhat
likely due to lack of current response from the property owners; and those not
likely to be built due to owner refusals. Ms. McPhail submitted the listing to
the Commission and copies will be distributed for the Commission's November meet-
ing.
Staff informed the Commission, in response to a question posed at the September
meeting, that a grant of easement is not required for Company construction of
underground cable from the Northwestern University to Dyche Stadium. It was
noted that an initial permit plan submitted by Cablevision prior to initial system
construction included a permit grant for this construction run.
Annual Report
Chair Wold stated that the work to complete the Commission's annual report to
Cable Communications Commission
Minutes of 10/1.4/86 ... 3
the City Council is still in progress. It is anticipated that it will be com-
pleted in the near future.
Company Questions and Answers:
Chair Wold noted that this agenda item has been useful in the past four months
to give an opportunity for Commissioners to ask the Company questions regarding
general policy or specific areas of activity, and for the Company to discuss
issues of significance or importance with the Commission.
Hazlett welcomed the three new Cablevision managers, and noted that in the past
the City relationship with Cablevision was difficult for a period of time. The
City aad Company have spent considerable time and effort to reach agreement on
a number of issues and have been able to work together in a cooperative and
progressive way. He noted his own effort as a Commissioner, since 1982, to loon
at community outreach and marketing for the cable system that would help the
system progress in Evanston. He said that, in his opinion, one failing has been
the Company's lack of effort to reach out in a planned marketing approach that
relates to the local community. lie noted certain nuances regarding Evanston,
and his hope that the Company would tailor marketing to the unique features of
the Evanston community. Ms. McPhail responded that statistics do show problems
regarding subscriber interest and services in Evanston and agreed that the Com-
pany has not tailored its marketing to specific towns. However, she noted that
the Company has tried to reach the largest number of subscribers by appealing
to a broad spectrum of interests and a variety of tastes. She said it is the
goal of Cablevision to provide quality services and that she will always appre-
ciate any input regarding specific improvements that the Commission may offer.
Mr. Bartolotta also stated that he Will personally call three subscribers noted
in the customer service report from Cablevision whose complaints are not yet
resolved to initiate completion of work and resolution of their complaints.
Ms. McPhail noted that the Company is in the process of selecting a replacement
for John Scaro as Evanston System `tanager. She stated that the Company has
narrowed down the choice to three excellent candidates. She submitted addi-
tional information in this regard and said that she hoped the assignment would
be made in time for the November meeting.
Call -In Questions and Answers:
A caller stated disagreement with what he thought to be a bias on the part of
the ECTC Board against non-resident producers, and suggested that there is more
than enough equipment and time available for these producers. Chair Wold re-
sponded that in fact a bias does exist in favor of Evanston producers and that
there are resource limitations in terms of production equipment. He further
noted that this is a policy decision for the ECTC Board of Directors which is
the managing authority for the community channel.
A second caller stated disagreement with ECTC proposed rules putting quotas on
the number of non-resident members of production teams for Evanston based or-
ganizations. He noted that ECTC was established to enhance programming for the
systems and that this policy does not seem to be one that promotes the widest
possible use of the system for community programming. Chair Wold responded
that it is not the Commission's intent to come between the ECTC Board and Com-
munity producers unless an unresolved dispute is presented for review. He
thanked the callers for their interest.
Cable Communications Commission
Minutes of 10/14/86 ... 4
The meeting adjourned at 8:30 p.m. The next regular meeting of the Evanston
Cable Communications Commission will be on Tuesday, November 11, 1986 at 7:30
p.m. in Room 2401 of the Civic Center.
,. hAaa-,
Sally Ro hle, Staff
ccs Joal Asprooth
Minutes of the
EVANSTON CABLE COMMUNICATIONS COMMISSION
November 11, 1986
Present: Jim Heard, John McGuire, Don Sampen, John Wold
Absent: Jim Belcher, Tom Hazlett, John Watteraon
City Staff: Sally Roethle
Cablevision: Irene McPhail, Doug Medina, Charles Bartolotta,
William Edmundson
Presiding: John Wold, Chair
A quorum being present, Chair Wold called the meeting to order at 7:30 p.m.
Minu tes
The minutes of the October 14, 1986 Cable Communications Commission meeting
were approved as submitted.
The agenda was amended to include Commission approval of the meeting schedule
for 1987. Tile amended agenda was unanimously approved.
Public Comments
No guests were present for public comment. Commissioner Sampen commented that
he had investigated a court case regarding the Illinois Statute allowing cable
company access and entry to multi -family buildings. He informed the Commission
that there have been no reported decisions on an Illinois Circuit Court injunc-
tion that was imposed on use of the statute. He noted that the injunction runs
against the plaintiffs and the case is on appeal. The Illinois Appellate Court
decision will most likely be available within a couple of months.
Communications:
Staff Report on Consumer Complaints
Staff reported that for the month of October, 1986, there were three complaints
received by the City. Two of the complaints were due to missed appointments and
the subscribers dropped service. The third complaint was due to a technical line
problem and service was restored within three days.
Cablevision Consumer Complaint Report
Charles Bartolotta, Cablevision Assistant General Manager, reviewed the Cable -
vision customer service report for October, 1986, and noted that the two un-
resolved complaints require correction of an apartment prewire found to be
defective: in the second case of a reception problem, previous attempts to con-
tact the subscriber to gain access to the home have been unsuccessful. Doug
Medina, Cablevision Chief Engineer, indicated that he will do a headend check
in an attempt to resolve the problem.
Cable Communications Commission
Minutes of 11/11/86 ... 2
Cablevision Report on Apartment Build Status
Cablevision Chief Engineer, Doug Medina, reviewed the report submitted to the
Commission, dated October 14, 1986 on Evanston apartments. The report was
divided into properties constructed and released in 1986; those apartments
very likely to be constructed for prewire; those apartments somewhat likely
to be constructed for prewire; and those not likely to be constructed for
prewire. A correction was made to the report on the property in the 800 block
of Hinman avenue. It was noted that there are 44 units - not 14 units. Mr.
Medina stated that the apartments at 1930 Sherman and 1850 Hamlin appear to be
very likely prospects for prewire. Commissioner McGuire stated that the report
is very helpful regarding categorization and provides the Commission with an
overall idea of the progress. Cablevision General Manager, Irene McPhail,
indicated that the objective of the Company is to provide service to as many
apartment buildings as possible. She suggested that a letter from the Com-
mission introducing Cablevision service to apartment owners and managers would
be most helpful. Chain Wold commented that it would not be appropriate for the
Commission to provide endorsement. McGuire noted that cable operators' approach
to apartment owners on the basis of the State law has generally not been success-
ful, but a pattern that has seemed to work is company explanation of tenant
interest in cable service and examples of successful prewire and service for
satisfied property owners and managers in the community.
Cablevision Communication Regarding System Manager Appointment
General Manager, Irene McPhail, introduced Mr. William Edmundson as the new
System Manager for Evanston. She noted that Mr. Edmundson has three years of
experience with Cablevision in sales, customer service and administration.
Monthly Construction Report
Doug Medina reviewed the monthly construction report for October, and noted that
the underground construction at the Merrick Rose Garden has been completed and
that the remainder of work will be completed within two weeks. Service is
expected to be available to subscribers in the Lohr Park area homes by December,
1986. Medina also noted that service for Leslee's Restaurant has been reviewed.
An alternate construction route designed is estimated to cost $3,090. The
Restaurant owners will be contacted In this regard.
Medina further noted that, as the report indicates, there are 2,624 unbuilt
apartment units in Evanston and that he will do more research on these numbers
to develop an overall picture of these areas without service.
Cablevision Rate Increase Communication
Chair Wold indicated that he is disturbed by the Cablevision letter regarding
the rate increase and noted that it implies that the Company has raised rates
after the expiration date on local government regulation. Chair Wold noted
that the City of Evanston never enforced a rate ceiling on subscriber rates,
and that the Company's implication in this letter is misleading and inappropriate.
McPhail noted that the intention of the letter was to inform subscribers, in
general, about the rationale for the variance in cost between basic service and
premium rates. She further noted that it was the Company'a intention to direct
subscribers to call the Company and not the various municipalities. McGuire
commented that the Company's past subsidization according to the Company's
letter to subscribers appears to be a government decision and should be corrected.
He reviewed the record of the basic service rates starting at $4.50; dropping to
Cable Communications Commission
Minutes of 11/11/86 ... 3
$2.00; increased to $4.50; and then increased to $9.95; and now as of January
1, 1987 an increase to $14.95. He stated his concern that the implication is
incorrect and misleading. He further noted that these rate decisions were
within Cablevision's control and that Cablevision never requested a rate in-
crease from the City and the Commission never triggered rate regulations. In
November, 1985 the City renegotiated the franchise agreement with Cablevision
and provided deregulation one year in advance of the federal requirements.
McGuire suggested that Cablevision change its communication, at least to City
government officials, for clarification.
In discussion. Commissioner Sampen suggested that a correction be sent to all
subscribers. McPhail apologized, stating her concern and interest in setting
the records straight to assure all concerned that this is not a downward trend
in relations between the Company and City. She stated her interest in keeping
all things positive but that a revised letter to subscribers at this time could
be confusing. McGuire suggested, in the spirit of developing a relationship
with Cablevision's new management, that the Company prepare to respond to
customer inquiries regarding the rate increase in a manner which appropriately
and correctly informs the subscribers. He suggested that an understanding could
be reached between the Commission Chair and Cablevision's General Manager on
a mutually acceptable approach. Sampen stated the importance of communicating
the sense of the Commission to Cablevision regarding the initial communication
to subscribers on the rate increase, but in this situation regulatory authority
is limited. Wold noted that the Commission's ultimate authority, if a poor
performance record indicates, is non-ret,ewal of the franchise agreement at the
expiration of the contract.
Sampen moved that the Commission approve a resolution to express formal dis-
approval of the Company's letter to subscribers in the City and to request the
Company amend the communication. Motion not seconded. McGuire then suggested
that the Commission Chair and General Manager reach an understanding regarding
an appropriate new communication to be provided to City officials by a rewrite
of the initial letter.
Channel Line -Up Changes
Staff reviewed the memorandum to the Commission. dated November 7, 1986 regard-
ing proposed channel line-up changes. Roethle noted that following a meeting
with General Manager McPhail on October 28, 1986, it was agreed that the proposed
channel line-up changes include a "block" for the five access channels now in
service. The change is an improvement: the High School's announcement channel
will be moved from 16 to 21, thereby changing the access channels 21 through 25
in a sequence initially requested in 1986. Staff also reviewed ttte changes
affecting other programming services on channels 12, 14, 15, 26, 27 and 37.
General Manager McPhail noted that these channel changes become effective on
December 1, 1986 and that a bill staffer sent to all subscribers the first part
of December will provide information of these channel line-up changes.
Chair Wold asked for further information regarding programming use on channels
14, 15 and 16, previously low power channels. Chief Engineer Medina noted that
federal requirements regarding use of low power channels has changed; that
Cablevision can now use these channels as full power with a purchase of an
oscilator and generator which will prevent interference. Chair Wold requested
that Cablevision provide a letter in writing to the Commission regarding the
federal regulation changes which allow the use of these channels at full power.
The Company agreed to provide same.
r
Cable Communications Commission
Minutes of 11/11/86 ... 4
Commissioner McGuire stated his concern regarding the proposed C-Span program-
ming split on two channels. General Manager McPhail noted that the Company
intends to provide C-Span service on two channels rather than one. McGuire
stated that this dramatically diminishes service and carriage on two channels
gives less than the full 24-hours of service available on C-Span. McPhail
responded that the split still offers 23 daily programming hours on C-Span;
there are a finite number of channels on basic service and that the Company
is trying to provide service which is of most interest to subscribers. McGuire
responded that there may in fact be a regulatory issue for the Commission re-
lating to full service for C-Span programming, and that there is a real ques-
tion regarding the Company's authority to make this change without City per-
mission. In response, General Manager McPhail stated that the Company will
review the C-Span channel assignment and make every attempt to provide service
on one channel as requested by the Commission. She stated that the Company will
respond to the City in this regard within the week.
Meeting Schedule for 1987
The Commission approved a meeting schedule for 1987. The Commission's regular
meeting date will continue to be the second Tuesday of each month with the
exception of April. The regular Commission meeting in April will be held on
the third Tuesday of that month.
The meeting adjourned at approximately 9:30 p.m. The next scheduled Commission
meeting will be on Tuesday, December 9, 1986 at 7:30 p.m. in Room 2401 of the
Civic Center.
sallLeR,Staff
cc: Joel Asprooth
Minutes of the
EVANSTDN CABLE COMMUNICATIONS COMMISSION
December 9, 1996
Present: Tom Barlett, Jim Heard, John McGuire, Don Sampan,
John Watterson, John cold
City Staff: Sally Roethle
Cablevision: Irene McPhail, Doug Medina. Charles Bartolotta,
Presiding: John Wold. Chair
A quorum being present. Chair Wold called the meeting to order at 7:30 p.m.
Minu too
The minutes of the November 11, 1986 Cable Comsunications Comission matting
were approved as submitted.
Communications:
- ETHS request for annual grant funds
John McGuire moved Commission approval of the November 18, 1986 request
from ETHS Superintendent Robert W. Goldman for $10,000 in grant monies
for purchase of production equipment for the Hi$h School's cable program-
ming channel. Chair Wold noted that this will be the 5th and final grant
of $10,000 to be made available to ETHS according to the terms of the
franchise agreement. In discussion, Tom Hazlett noted that the Superin-
tendent's report shows the potential that has been realized by ETHS in
programming and participation in community programming. He stated that
this is a fine testament to the best use of the system. Wold concurred,
noting that the High School is making outstanding use of programming and
the grant monies from Cablevision; it is the best kind of synergism we'd
like to see going. 'Me motion .as approved unanimously. Staff noted that
in accordance with procedures under the franchise agreement, Cablevision
will submit to the City of Evanston the final $10,000 grant payment which
will in turn be forwarded to Evanston Township High School.
- Staff report on consumer complaints
Staff reviewed two items submitted to the Commission: (1) a semi-annual
City report on consumer complaints as submitted to the Administration and
Public Works Committee at their December 8, 1986 meeting. It was noted
that the report was accepted as submitted. The low number of consumer
complaints was noted as a continuous and positive trend. (2) The three
complaints for the month of November were explained: in the miscellaneous
category, one rate increase complaint was received and the subscriber
dropped service; a second complaint was received regarding misinformation
on C-Span; the third complaint dealt with lack of service for a tenant in
an apartment building. A request for service and Commission follow up on
Cablevision's efforts to work with the property owner was submitted to the
Commission from Mr. Kenneth Monroe. McGuire noted that Mr. Monroe's ques-
tion deals with Cahlevision's diligence in pursuing, the landlord obstacle.
Cablevision was requested to respond. System Manager William Edmundson
Cable Communications Commission
Minutes of 12/9/86 ... 2
indicated that a previous design was rejected by the property management
and that the Company is continuing discussion in an effort to provide ser-
vice at this building. Hazlett moved that the Commission write a letter
to Cablevision, with Mr. Monroe's letter attached, requesting that the
Company take dili,;ent efforts to attempt to resolve this situation. Motion
passed unanimously.
- Cablevision Consumer Complaint Report
The Commission accepted Cablevision's consumer complaint report for Nov-
ember, 1986. Charles Bartolotta explained that of the three unresolved
special request orders, one will be completed on December 10, 1986; a
second request regarding reimbursement for damage to a garbage can is
being checked out; and the final item is paymant to be made for installa-
tion damage.
- Cablevision Response on Use of Low Power Channels
Cablevision's Chief Engineer Doug Medina explained the information in the
letter submitted to the Commission, dated December 8, 1986 regarding the
upgrade of aeronautical frequencies for Company use of Channels 14, 15 and
16. He noted that under current FCC regulations, cable operators are
allowed to use portions of the frequency spectrum previously met aside for
aeronautical navigation and communication services providing certain pro-
cedures and requirements are met. The requirements include notification
to the Federal Communications Commission of the operator's standards and
agreement to regularly monitor the system for signal leakage and repair of
any problems. The Commission accepted the letter of information in this
regard.
Monthly Construction Report
Regarding the report of 6,933 subscribers as of November, 1986, Hazlett com-
mented on the lack of growth since 1984. McPhail responded that Cablevision
has established aKgressive objectives for 1987 to improve subscriber penetra-
tion in Evanston.
Medina informed the Commission that he has contacted Mr. Andy Reis of Lesles's
Restaurant in regard to his assistance in gaining an easement agreement from
the Moffett Building property owner in order to reduce the cost of construction
for cable service to Leslee's Restaurant.
McPhail noted that the Company will be comparing the revised status list of
apartment buildings with their priority list to determine what steps should
be taken to secure rights from property owners to provide service to addi-
tional tenants in Evanston.
Staff noted a correction to be made on Print #302 to indicate that there are
23, not 21, homes in that print area.
Cablevision Rate Increase Communication
The Commission considered Ms. McPhail's letter of December 1, 1986 to correct
erroneous information regarding local regulation of Cablevision's basic ser-
vice rates communicated the previous month to Evanston officials and subscri-
Cable Communications Commission
Minutes of 12/9/86 ... 3
bers regarding the recent rate increase notification.
McGuire noted that within the terms of the original franchise granted in 1981,
that the Commission never instituted rate regulations. The franchise agree-
ment provided for a process by which the City would have time to consider
requests for rate increases. McGuire reviewed Cabievision's rate changes
over the past three years, going from an initial $4.50 to $2.00 to $4.50 and
then to $9.95. and now to $14.95. He noted that the $2.00 rate was termed by
Cablevision as a "temporary marketing strategy". He reiterated that at no time
did Cableviaion consider an increase in basic rate beyond $4.50 until December,
1985, after the City agreed to deregulate rates in advance of federal deregula-
tion in 1986. He noted that for the record it is important to clarify fact$
as they were. Wold commented that he is still concerned about the letter sub -
witted by Ms. McPhail. He stated that the City never imposed any rate regula-
tion initiative on Cablevision, and that until franchise agreement amendments
the City had the ability to institute rate regulations; yet Ms. McPhail's letter
continues to imply that Evanston was doing what every other city may have been
doing. McGuire pointed out that the reality of the situation is that Cablevision
probably did not want to adjust rates differently in its 31 separate communities,
and that if Cablevision had asked for a rate increase prior to December, 1985,
the Commission probably would have denied same. Hazlett concurred, stating
that it would have been the case due to the areas of noncompliance with the
franchise agreement. McGuire concluded by stating that the City does not want
to be blamed for rate increases by Cablevision.
Annual Report
Chair Wold stated that a draft of the Annual Report has been completed and will
be submitted to the Commission in final draft form for approval at the January
meeting.
Cablevision Questions and Answers
Ms. McPhail took this opportunity to inform the Commission that the Company's
channel reallocation information submitted to subscribers will be corrected in
Janaurti .
McGuire commented that C-Span II is still not available on the Cablevision
system and asked if the Company has explored providing this programming service.
McPhail responded that it is very costly and requires an additional satellite
receiver and decoder.
Hazlett noted that he is one of the two original Commissioners still serving
on the Commission and stated that his term of appointment expires this month.
He stated that it has been a pleasure to serve the City under the very capable
leadership of Chair Wold who has skillfully led the Commission through the most
crucial aspects of the cable system development. McGuire praised Hazlett's
leadership in consumer affairs and his success in working on an approach to
handle consumer complaints. He noted that Hazlett allowed the Commission to
get needed changes prior to modification of the franchise agreement which were
critical to City Council approval in November of 1985.
Doug Medina referred the Commission to a request last month for permission from
the Commission to allow system sweeps at hours other than 12:00 a.m. to 6:00 a.m.
Chair Wold proposed that this be approved on an annual basis. McGuire moved
• 1 �
Cable Communications Commission
Minutes of 12/9/86 ... 4
that the waiver grant be accepted if it does not create any problems, and
that a vearly review would be appropriate to see if any problems occur.
Medina explained that the sweep would mean brief periods of snow and no
sound on the system, limited to less than 60 seconds at a time, between
6:00 a.m. and noon. He assured the Commission that the City would be given
an advance notice of times and dates of the sweeps; these sweeps would be con-
ducted only two tunes per year. McGuire stated that this should improve
the Company's maintenance program and quality of service. Motion was approved
unanimously.
McGuire reminded. the Commission of the need to meet again with ECTC regard-
ing a planning session and programming plans to be submitted for Commission,
review. Staff was asked to schedule this meeting with ECTC for the first
or second week of January, prior to the Commission's meeting on January 13.
Viewer Questions and Answers
A caller asked if Cablevision could assess a small fee to subscribers to help
cover the costa required to provide C-Span II programming, and how the Company
tracks subsriber requests for C-Span II. General Manager Irene McPhail re-
sponded that Cablevision keeps track of inquiries for service requests and
stated that the Company had less than 25 requests for C-Span II in recent
weeks. An assessment for this service would be advisable. She noted that,
overall, Cablevision programming decisions are based on requests and channel
space availability. McGuire commented that C--Span is a product of the cable
industry and that development of C-Span II programming has been viewed by the
industry as an expansion of their "enture in this regard. Chair Wold suggested
that if subscribers are interested in C-Span programming, that they direct
their requests to Irene McPhail, Cablevision General Manager, at the main office,
820 Madison Street, Oak Park, Illinois 60302.
NominatinK Committee
Chair Wold stated that he and retiring Commissioner Tom Hazlett will develop
a slate of officers for chair and vice chair for the coming year and provide
a report for the January meeting.
Adjournment
The meeting adjourned at 8:50 p.m. The next regular meeting of the Cable Com-
munications Commission will be on Tuesday, January 13, 1987 in Room 2401 of the
Civic Center.
Sally Ro le, Staff
cc: Joel Asprooth