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HomeMy WebLinkAboutMinutes 1987Minutes of the EVANSMN CABLE COMMUNICATIONS COMMISSION January 13, 1987 Present: John Mold, John Watterson, Don Sampan, John McGuire Absent: Thomas Hazlett, Jim Heard City Staff: Sally Roethle Cablevision: Irene McPhail, Charles Sartolotta, Willie Edmundson, 7bny RuopoIi Guests: Dan Zifkin Presidin&: John Mold, Chair A quorum being present, Chair Mold called the meeting to order at 7:40 p.m. Minutes The minutes of the December 9, 1986 Cable Communications Commission meeting were approved as submitted. Communications: - Staff report on consumer complaints Staff reviewed categories of six complaints received from citizens in December: a signal quality complaint was resolved; service not available complaint from a resident in Print #302 has not been resolved; two rate increase complaints were received and correspondence submitted to the Commission; a complaint regarding service box vandalism was resolved; and a programming service complaint was resolved by providing a TC56 converter box for off -air channels 26 and 38. - Cablevision customer complaint report for the month of December The Company received 48 billing complaints for the month of December; three signal quality complaints; one system problem complaint; and one miscellaneous complaint. All complaints were resolved. Chair Wold requested further information on the high number of billing complaints. Mr. Bartolotta said he would provide a response at the next meeting. Cablevision General Manager Irene McPhail noted a gain of approximately 100 new subscribers in the past month. - Evanston Community Television Corporation report Chair Wald noted that the ECTC report submitted to the Commission, dated January 7, 1987, is a draft of the annual report provided to the Commis- sion in March, 1987. McGuire noted that in a recent meeting between Commission Chair, Vice Chair, and Staff and ECTC representatives Alan Soell, Barbara Eckel, and Marcia Standiford an overview report was given based on the Written draft report. Cable Communications Commission Minutes of 1/13/87 ... 2 The group reviewed the content material required by Ordinance 123-0-8S. McGuire further noted that ECTC's focus to date has been operation and management basics in an effort to create a smooth running facility. There were start-up difficulties which slowed the procefs; however the ECTC Board has finalized a new set of access user rules, there are now three full-time staff ambers, and a scheduling system has been created for programming and training. Included in the draft is a programming plan which will be resubmitted prior to the March Commission meeting. Wold noted that in the require- ments of Ordinance 123-0-85, the Commission is to receive a copy of this plan and provide an opinion on the merits of the plan. He further noted that a finalized annual report will be submitted to the Commission after March 1, 1987. He stated that according to Ordinance 123-0-85. following Commission review of the annual report, the Commission is required to send a report to the City Council assessing the status and progress of ECTC. Cablevision Monthly Construction Report Regarding construction issues, Wold asked Cablevision to provide an update on efforts to provide service for Leslee's Restaurant. Cablevision representa- tives agreed to provide a follow-up report for the February meeting. McPhail informed the Commission that construction plans for 1987 will require aggressive work on the list of apartment buildings that are not now service- able. It was explained that System Manager Willie Edmundson will be the Company representative responsible for pursuing past refusals and rejections for each building that is currently not wired for cable service. It was further explained that there are 188 units pending release to sales in the near future. The Commission requested that in future reports Cablevision provide a time - frame for construction activities in this category. It was also requested that the Company provide information on the numbers proposed for construction and service in 1986 and in 1987. TIcGuire noted that it will be helpful to have mutually understandable goals. Cablevision will research the records and report back to the Commission on figures for 1986 and 1987. McGuire encouraged the Company to use "best estimate" figures rather than "high hope" numbers to give a more accurate indication of the status of unbuilt apartments in Evanston. McPhail further noted that the Cablevision management team wants to look more closely at buildings labelled "refusals". It was explained that for a refusal the Company has a letter on file from a building owner or management repre- sentative indicating lack of interest or refusal to allow cable service in a building. She noted that some of the data is several years old; that ownership needs to be researched for possible changes; and that the Company has created a new communication and request form to provide service which will be sent to all owners or managers that can be contacted for any building in Evanston that does not now have cable service. Sampen asked Company representatives about results of the rate increase in terms of subscriber changer. McPhail responded that it is too early to tell, however the first reports do not indicate as large a number of disconnects in Basic service as anticipated. In response to a question from Watterson, she further noted that only two levels of service were affected by the rate increase change: those with Basic service only, and those with Basic plus One Pay. She noted Cable Communications Commission Minutes of 1/13/87 ... 3 that there were no downgrade requests from Basic plus One Pay subscribers for which the increase amounted to $2.50 per month. Sales Manager Ruopoli informed the Commission of a marketing program spon- sored by HBO which will bring to the Evanston community a preview of a film to be featured on HBO later in March. The film, "How to Raise a Street Smart Child", was produced by HBO and a preview event will be geared for school principals, staff, officials and parents. He stated that he will be request- ing City staff assistance in working to develop a plan for community/school contacts so that a facility can be made available for a preview screening. He stated that Cablevision chose to preview the film in two of its suburban communities including Evanston and anticipates a favorable response to this presentation. Annual Report Chair Mold asked that all members review the draft annual report to City Council distributed in the packets for this meeting. He asked that any comments and changes to be included be submitted to City staff by January 23, 1987. Election of Officers Chair Mold stated that he and Tom Hazlett, as retiring members of the Cotis- sion, have proposed a slate for Commission officers for the coming year. The Dominating Committee proposed John McGuire as Chairman, and Don Sar+pen as Vice Chairman of the Commission in 1987. Motion to elect officers, as proposed by the Nominating Committee, passed unanimously. McGuire praised Chair Wold for his excellence in leadership since 1981, and praised his steady hand at the rudder for the past several years. He further noted Mold's contributions since 1979 when Wold served on the City's Cable 'IV Task Force until 1981, and from 1982 to the present as Chairman of the Commission. McGuire noted that the mantel is now being turned over to a second generation of Commissioners. Commissioners and staff praised Wold's work and leadership. Mold responded that it has been a very interesting time and stated appreciation for the opportunity to make a contribution to the community. Company Questions and Answers System Manager Millie Edmundson informed the Commission that in response to a request from Mr. Kenneth Monroe, the Company has contacted the rental manage- ment company. an initial design was accepted but new concerns have been brought up. Cablevision will resubmit a new design contract in the coming months. McGuire asked for advice Cablevision might have regarding the recent Chicago Sun -Times newspaper survey showing Cablevision's Basic rate increase of $14,95, substantially higher than other local cable companies. McGuire asked what kind of response might be given regarding this report. McPhail responded that Cable - vision does not base prices on what colleagues charge; that the financing of construction, rate of penetration, and length of years of service were all part of the consideration the Company gave prior to the Basic rate increase. She further noted that the Company recognized that a s5.00 rate increase is a significant jump, and that it is due in part to the Company's pricing strategy, Cable Communications Commission Minutes of 1/13/87 ... 4 industry's circumstances which have changed, and percentage of owners who want to subscribe which is less than anticipated during franchising time when initial Basic rates were set. McPhail then informed the Commission that an earlier plan to offer Basic plus One Pay subscribers an option to choose either the Disney Channel or American Movie Classics at no additional cost will not be implemented due to contractual agreements and to costs. McPhail stated that during the first quarter of 1987. a promotional offer will be made to subscribers who have Basic and HBO - the Disney Channel can be provided for 55t per month extra. Public Comments In response to a number of questions posed by Mr. Dan Ziflin, General Manager McPhail responded that the cable industry is maturing, and that Cablevision of Chicago is not making a profit now due to financing construction costs required to create systems throughout Cablevision of Chicago. She further noted that rate deregulation in 1985 was based on marketplace competition for viewers. She noted that subscribers choose and decide on the services they want. Edmund - son noted that another perspective is comparing customer services and technical reliability offered by different cable companies. He noted that for Cablevision subscribers the monthly cable guide is free, customer service is available by phone 24 hours a day, seven days a week, and for Evanston subscribers the office hours are Monday through Friday, 9:00 a.m. to 5:00 p.m., and Thursday evenings until 9:00 p.m. He stated that not all companies provide as many similar ser- vices. In response to a question regarding audits of services provided through- out the City, McPhail responded that Cablevision recently conducted an audit in Evanston and discovered that 6% of homes receiving cable were unauthorized service drops. In response to the problem, the Company contacted these resi- dents first to determine willingness to pay for the service, and disconnections were made where necessary. McGuire commented that Cablevision's disconnection of unauthorized subscribers in thirty communities shows a conscientious effort to purge the system of theft of service. Call in Questions A caller commented on the information provided by Cablevision at the meeting regarding Disney programming at 55t a month along with the HBO channel and the fact that this information had not been previously provided to subscribers. Another caller commented that she was interested in a lower Basic service rate and was not interested in the full range of programming provided. The meeting adjourned at 9:10 p.m. The next meeting of the Cable Communica- tions Commission will be held on Tuesday, February 10, 1987, 7:30 p.m. in Room 2401 of the Civic Center. Stilly Ro le, Staff cc: Joel A,sprooth Minutes of the EVANSTON CABLE COMMUNICATIONS COMMISSION February 17, 1987 Present: John McGuire, Don Sampen, John Watterson, John Wold Absent: Jim Heard City Staff: Sally Roethle Cablevision: Willie Edmundson Presiding: John McGuire, Chair Commission members, City staff, and several guests met prior to the 7:30 meeting for a presentation in recognition of John Wold's eight years of active community service in cable television for the City. A plaque was presented to Mr. Wold which read as follows: "In appreciation for distinguished community service and leadership. Presented to John Wold, Cable TV Task Force member 1979-81, Chair, Cable Communications Commission, April 1982 - January 1987." A certificate of appreciation was also presented to Tom Hazlett in recognition of his valuable contribution and service to the community as a Commissioner for two full terms. A quorum being present, Chair McGuire called the meeting to order at 7:40 p.m. Minu tes The minutes of the January 13, 1987 Cable Communications Commission meeting were approved as submitted. Communications: - Staff report on consumer complaints Staff reviewed the January, 1987 report on consumer complaints reported to the City. A total of seven complaints were recorded: 1 dealing with commu- nications; 1 dealing with installation; and five dealing with rates or notices of rate increase. John Wold suggested that future reports provide comments on the various complaints in an outline form for easier reading, and that the reports continue to provide information on unresolved complaints from past months. - Cablevision report on consumer complaints Cablevision's consumer complaint report for January, 1987 was accepted as submitted. Cablevision Monthly Construction Report Chair McGuire asked that Cablevision provide information breakdown that will indicate a baseline for activities in apartment construction. It was speci- fically requested that the number of units constructed in 1986 be provided; that information and numbers be provided regarding the Company's goal for con- struction in 1986, and the goal for 1987. In discussion it was noted that this information is necessary to track the construction process, problems that may + Cable Com=nications Commission Minutes of the 2/17/87 meeting ... 2 exist, and follow up on buildings when pre -installation is completed. System Manager Willie Edmundson noted that 124 units were constructed in 1986, the goal had been 586 units. Chair McGuire noted the shortfall and asked that Cablevision explain why the actual number Was so far from the original pro- jection. The Commission asked that City staff and Cablevision coordinate efforts to create a database from which to work and to review information on apartment construction, in addition to the request for explanation of numbers provided to date by Cablevision. ECTC Programmin& Plan Chair McGuire began discussion of the programming plans submitted by Evanston Community Television Cprporation (ECTC), dated February 2, 1987. He noted that this is separate from the annual report to be submitted by the ECTC Board. He suggested that a procedure be created whereby the Commission would send out to community organizations and access users a notice of public hearing, along with a copy of the plan. It was noted that the Commission is required to solicit comments from the community regarding the ECTC programming plan. It was re- quested that staff draft a letter and prepare the communication for mailing within the week. It was agreed that the earli-st possible notification is important, and that written or oral comments should be solicited for the public hearing to be held by the Commission at its next meeting on March 10, 1987. McGuire stated that he would like to see ECTC develop programming of community interest that would highlight the activities of the School Boards and various community based institutions and organizations. Wold commented that this would make sense in terms of viewer interest, and that in the long run institutions may go further in developing similar programming themselves. He further com- mented that various institutional boards within the City may not be aware of community interest in cable coverage of their meetings. Watterson questioned whether interest can be sustained in regular board meetings. Sampen noted that it would be interesting to develop some sort of gauge in terms of viewer interest in this type of community programming, however, it was noted that viewer privacy protection!, exist which prevent rating samplings such as the Neilson Company does for broadcast televsion. It was suggested that providing call -in phone numbers :or viewers could be an indicator of viewer participation and an easy way to find out if people are watching. McGuire suggested that the Commission conduct an update of former Commission member Menges' subscriber survey within the next two months. It was requested that staff send to Commissioners copies of Menges' subscriber survey reports. Annual Report McGuire commented on the second draft revision of the Commission's annual report to the City Council, and asked that final comments be provided to him or staff by February 24th. Wold moved that the revision be approved and sent to Council, subiect to comments submitted by Commissioners by February 24, 1987. If comments submitted are of substantive nature, approval will be withheld until the March Commission meetin&. Motion approved unanimously. McGuire commented on a letter from Cablevision General Manager Irene McPhail, dated January 20, 1987, responding to the Chairman's request for information on costs associated with carriage of C-Span II on Cablevision's Evanston system. McGuire commented that interest in C-Span II (U.S. Senate meetings) is an issue which will continue to come up in Evanston. He noted that the cost for Cable- • Cable Communications Commission Minutes of the 2/17/87 meeting ... 3 vision to bring this new service amounts to approximately $6,000 according to McPhail's letter. He noted that the Company's approximate average per sub- scriber is $27 per month, which is a monthly gross income of $105,000. He suggested that the costs indicated by Ms. McPhail are not a substantial capital investment. Edmundson responded that Cablevision has seen and heard very little from subscribers in terms of overall interest in C-Span It programming. Discussion continued regarding Cablevision'c financial situation and the number of subscribers at the present time. It was noted that the Company's structure does not have a separate economic entity for Evanston, and that in 1986 Cable - vision went through a substantial restructuring of its debt financing. McGuire noted that there has been a pattern of financial difficulties for cable opera- tors over the past several years. Wold commented that it to not the business of the City to tell Cablevision how to run its business, but it is in the in- terest of subscribers and community programming entities that Cablevision sur- vive financially. It would be most helpful for Cablevision to provide an under- standing of its situation because of the Commission's interest in the Company's success. Sampen questioned whether or not Cablevision can determine how many viewers are watching a particular channel. McGuire noted that this is not possible due to the fact that the upstream channels are not activated. Wold noted that under the terms of the franchise agreement, there is provision for four upstream channels for institutional network programming. He further noted that the subscriber system has no upstream channel capability requirements. He stated that it would require active electronics at every amplifier in the Evanston cable system. Call -In Questions The Commission received one call -in question from former Commissioner Bob Menges who thanked John Wold and commended him for his leadership and perserverance as Chairman of the Commission from 1982 through January, 1987. He also thanked Cablevision for providing a particular Russian programming on a recent Discovery Channel segment. The Commission adjourned at approximately 9:10 p.m. The next regular meeting of the Cable Communications Commission meeting will be held on March 10, 1987 at 7:30 p.m. in Room 2401 of the Civic Center. The meeting will be cablecast live on City cable channel 25. Sally ethle, Staff cc: Joel Asprootb f Minutes of the EVANSTON CABLE COMMUNICATIONS COMMISSION March 10, 1987 Present: Eduard Bassett, Jim Heard, John McGuire, Don Sampan, John Vatterson Absent: John Vold City Staff: Sally Roethle Cablevision: Willie Edmundson, Irene McPhail Guests: Alan Soell, Marcia Standiford, Phil Verstin, Hal Schoenfeld Presidinf: John McGuire, Chair Minutes The minutes of the February 17, 1987 Cable Communications Commission meeting were approved as submitted. Public Hearing on ECTC's 1987 Programming Plan Chair McGuire stated that the purpose of the public hearing is to discuss the programming plan for 1987 submitted by the Evanston Community Television Corporation (ECTC). He explained the role of the Commission in this process which is to provide an advisory opinion to ECTC on the merits of the program- ming plan. McGuire then introduced Marcia Standiford, Executive Director of ECTC, who provided an overview of the plan as submitted. Standiford noted that the 1987 plans include four distinct productions to be produced on a regular basis with separate formats designed to provide for com- munity input, with a focus on issues and events of interest to the community. Standiford noted that the initial programming plan is limited in scope and number of hours due to the priority given to initial undertakings in transfer of control and management of the programming and production facilities from Cablevision to ECTC. She noted that a great deal of time and effort have been devoted to management and operational tasks including organizing the facility, scheduling programming, revamping and scheduling production training programs, and providing a facility which promotes access production and attempts to meet the needs of local access producers. In response to a question posed by Mr. Schoenfeld, McGuire explained that the ECTC programming report provides a response to requirement of the ordinance. which created ECTC. He noted that until September, 1986 local production and management of the programming facilities was the responsibility of Cablevision. He noted that besides outreach, ECTC is also responsible for administration of access training, and certain reporting requirements. tie indicated that the procedure and timing of the programming report may be confusing and suggested that it may have been better to delay the requirement of the programming plan until the time ECTC's annual report is due, which is March 1, 1987. He further suggested that the fact that there has been no response to the nearly 600 mailings sent out throughout the community in regard to the public hearing and the purpose of this hearing, thit it may be a possibility that the programming function is not relevant to the community at this point. In response to another Cable Communications Commission Minutes of 3/10/87 ... 2 question regarding how local programming can become relevant to the community, McGuire responded that it would be a trap to tell ECTC at this point to in- crease the number of production hours of programming, and suggested the amount of hours is not as important as the production of programming that will capture a significant number of viewers' interest. Heard suggested that the first year plan should include programs that will interest and reach as many individuals or groups in Evanston as possible. He stated that in his opinion the program- ming plans for "hot seat" appear to allow ECTC to do this. In response to further discussion regarding the programming plans, Standiford noted that ECTC has not done extensive marketing or meeting with community groups up to this point. She stated that ascertaining interest this year is important to ECTC and is a priority project for the entity. Sampan noted that the plan calls for three bi-monthly half hour programs and noted that this is less than two hours of new programing per month. He asked to what extent this amount exhausts the resources of ECTC. Standiford responded that given the responsibilities of management and operations of the facilities, the staff has very little available extra time for productions. She noted that there are three full-time employees and two part-time employees working with a cadre of ten student interns. She further noted that the facility is open several hours per creek in addition to several hours of programming per week. She stated that at this time the greatest percentage of staff time goes into facility operations. She suggested that as time goes on, when the facility begins to run itself, as new users are more comfortable helping other users, then additional programing can be produced by ECTC. Standiford again noted certain limitations regarding production possibilities given the number of available staff and other constraints such as business operations, equipment maintenance operations, maintenance -costs, and down time on equipment that requires repair. McGuire noted that ECTC's annual report was due March 1, 1987 and has not yet been received. He suggested that ascertainment of community interests is vitally important to programming success, and questioned ECTC's ability to establish credibility as a community organization given the lack of timely response to reporting requirements. McGuire noted that at a recent meeting of the City Council's Ndministration and Public Works Committee, a discussion was held regarding the Cable Commis- sion's annual report to City Council. He said that Comittee members posed a question as to whether or not community programming efforts were worthwhile, given the present level of interest and involvement indicated by a community survey completed in the summer of 1985. He noted that there is a known number of viewers for City Council meeting coverage, and suggested that ECTC might be better able to highlight its community service with a regular type of pro- gramming of interest to a wide number of viewers. He suggested that some type of popular program could help create an identity during the startup period for ECTC and make community programming more attractive to subscribers. Alan Soell, ECTC Board President, suggested that a perspective is needed. He noted that ECTC first met at the end of January, 1986, and that it was not until the end of October that the present staff began their positions. He stated that in his opinion an outreach campaign is needed to dispel nega- tive image of cable television in Evanston, and that for the long term the staff can look forward to roles as community programming facilitators, and th,t channel as the community's channel. He suggested that more access use is a sign of success of ECTC, an organization, in his opinion, that had to start from scratch. Cable Communications Commission Minutes of 3/10/87 ... 3 Standiford stated that ECTC has two functions: (1) to facilitate programming; and (2) to let community programming get created. She indicated that it is her hope that ECTC can provide a source of programming that people can't live without, and that in 1987. ECTC plans to do more and make strides, but that, at this point, increasing the number of hours of production produced by ECTC mould require a limitation on availability of programming possibilities and scheduling for access users. McGuire provided further advisory opinion in stating that ECTC has to strike an identity in the minds of the people in the community. He suggested that ECTC be a catalyst for cablecast of School Board meetings until the School Board can handle its own production. Standiford responded that ECTC has begun -this effort and has plans to meet with the Evanston PTA Council. She stated that ECTC sees itself as a hub of a network of community programming. Further discussion centered on the importance of management development of access users' needs. It was noted that these specific requirements for access production were not described in the programming plan because ECTC felt the need to respond to specific information about ECTC production plans and pro- graming. Ms. Standiford stated that ECTC wants to help the City and School District 202 establish channel identities. watterson suggested that ECTC could be instrumental through its efforts and success in creating a new identity for cable television in Evanston. Standiford noted that while the programming plan is "bare bones", it doesn't address alternatives for future ideas and that it is feasible to broaden the programming plan for 1987. She noted that in the past the characteristic of cable television has been to be full of promises which tend not to be fulfilled. She said that ECTC's intent is to state what is going to be accomplished, what can be accomplished, and to begin with these limited plans as efficiently as current resources dictate. Watterson responded that ECTC should be commended for its efficient and care- ful planning. Regarding the 1985 Cable Television Viewer Survey, Standiford stated that there were very few surprises in the survey including the problem of the identity factor for community programming. McGuire agreed that grand scale planning has created disillusion about cable television and suggested that one or two excellent production} by ECTC could be all that is needed to strike an iden- tity or a community role for the facility. Soell stated that the access production training classes are much improved now and that it is his expecta- tion that the improved training will result in better access productions. McGuire responded that the Commission is making a clear distinction between access programs and ECTC productions and decisions. Soell stated that program- ming does not have to be produced by ECTC in order to strike an identity for ECTC or bring about increased viewership. McGuire suggested that ECTC con- tinue to look at issues that affect and interest a large segment of the com- munity and market productions geared toward those interests. Standiford responded that the plans for the "hot seat" programming do include an effort for ECTC to be able to establish a list of priority issues that will interest broad segments of the community. Discussion then focused on access training now available through ECTC. Soell noted that prior teaching methods used by Cablevision gave less detailed information and experience. He stated that in his opinion the present staff has better teaching skills. Standiford further explained that four to five additional classes have been scheduled through July, 1987 and that it is hoped that more studio production certified access producers will become involved in programming. She also noted that there is more follow up and as,istance now available to access users which helps to keep production moving. She stated that a current volunteer list which has Cable Communications Commission Minutes of 3/10/87 ... 4 been created has been helpful to certain producers. Irene McPhail, Cablevision General Manager, stated that the ECTC plan is commendable and ambitious, and that Cablevision is pleased to see a regular programming schedule. McGuire noted that the annual report of ECTC, which was due March 1, 1987, will give more detailed information on the corporation's operations. He indicated that at the Administration and Public works Committee meeting, a question was posed by Committee members in regard to accountability of ECTC and to whom they are accountable. He noted again that an obligation exists on the part of ECTC, which is minimal, regarding its reporting requirements and that credibility is particularly important. McGuire stated that in his opinion Ms. Standiford demonstated a great deal of openness and provided helpful information. He stated that he is very pleased that she was present at the public hearing, and stated his confidence in her professional ability to make things happen for community programming in Evans- ton. The Cosmission thanked the ECTC representatives for the report and their 9W input at the discussion. Staff Report on Consumer Complaints Roethle noted that for the month of February, 1987 there were six complaints reported to the City of Evanston: 2 billing complaints; 2 signal quality complaints; I installation complaint; and 1 complaint regarding service not available in a specific area. Of the six complaints, four were not re- solved as of the date of the meeting. 'there are also three prior complaints unresolved which are being monitored by the System Manager Willie Edmundson. Cablevision Consumer Complaint Report Cablevision consumer complaint report was accepted as submitted. Report on City Council Consideration of the Annual Report McGuire noted that on ttarch 9, 1987, the Administration and Public Works Com- mittee spent approximately 30-minutes discussing the Commission's annual report. He said the predominant Council members' starer,ent was that customer operations appear to be much improved, and they are pleased that they are no longer re- ceiving citizen calls about cable complaints. Another significant area of dis- cussion was the low penetration rate and a consensus that the company's efforts to improve sales in Evanston is needed. The third area of discussion was in regard to Evanston Community Television Corporation, how it is progressing, and a significant interest in reviewing the level of success and community interest in ECTC's role at this time next year. The Committee concluded that at that time it will be important to consider how relevant ECTC's operations are in the com- munity. On a final note, the Committee suggested that the Commission conduct another community interest survey, preferably in the fall, and survey those citizens who do not subscribe to cable television in Evanston and find out the reason for this. In response to Heard's comment that the annual report was well written, McGuire explained that the Council members would like to look in one year to see a demonstration of credibility regarding community programming. McPhail stated concern about subscriber satisfaction and evaluating why sub- scriber rate is low, and asked if it would not be appropriate for the Company and Commission to work together on a fall survey. McGuire responded that a coordinated effort would be very helpful. He noted that the Council members, the City, and the Company are together in their interest in increasing pene- tration so that cable television can become a media for an expanded audience Cable Communications Commission Minutes of 3/10/97 ... 5 in Evanston. Monthly Construction Report The monthly construction report was accepted as submitted. In addition, a report was reviewed regarding the uncompleted areas of construction in the ' City. McGuire noted that under the category "Prohibitive Costs", an obliga- tion may well exist for the Company to complete construction as required in the franchise agreement. He asked that for the April meeting the uncompleted construction area report include a breakdown on buildings for which there have been refusals, how projections for construction in 1986 were drawn, and total projections for construction in 1987. Public Comeuent/Adjournment There being no further public comment, the meeting was adjourned at approximately 9:30 p.m. The next meeting of the Cable Communications Commission will be held on Tuesday, April 21, 1987 at 7:30 p.m. in Room 2401 of the Civic Center. Sally Rotthle, Staff cc: Joel Asprooth Minutes of the EVANSTON CABLE CONL\Rl0ICATIONS CON124ISSION April 1.1, 1987 Present- Edward Bassett, Jim Heard, John McGuire, Don Sampen, John Watterson, John Wald Absent: Ruth Smalley City Staff: Sally Roethle Cablevision: Willie Edmundson Guests: Patricia Dracek Presiding: John McGuire, Chair Minutes The minutes of the '.+larch la, 1987 Cable Communications Commission meeting were approved as submitted. Communications: - Staff report on cable consumer complaints Roethle reviewed the process for City documentation of complaints received from cable subscribers. It was noted that complaints received by the City are accepted after subscribers, or potential subscribers, have attempted resolution with Cablevision. For the month of March, there were six reported complaints: one signal quality complaint, yet unresolved; a service not available complaint which has been resolved. A potential subscriber, living in Northwestern University owned property requested service; Northwestern has not yet requested cable service for University residences. There was one construction complaint resolved; one billing complaint resolved; and two installation complaints resolved. It was noted that there are four unresolved complaints, including a request for service at Leslee's Restaurant. In discussion, Cablevision System Manager Willie Edmundson explained that the property manager has given indication of potential agreement for cable construction for the building immediately south of Leslee's Restaurant. This would allow for reduced construction costs for service at Leslee's Restaurant. In response to questions from Commissioners, Edmundson stated that within a week he expects to have a signed contract for the project. Staff further noted that in the early weeks of April, three complaints have been received regarding service unavailable in a northeast Evanston construction pocket location. Further information will be provided at the May meeting. - Cablevision report on consumer complaints Wold noted one unresolved system problem and asked that Edmundson check on this and provide a determination on why resolution was not completed Cable Communications Commission Minutes of 1/21/87 ... in a more timely, fashion. - Cablevision response to requests for information regarding new build apartment construction Edmundson reviewed Cablevision's letter of April 15, 1987, regarding 1986 and 1987 projections for new build apartments in Evanston. He noted that the 1986 projection was based on an indicated level of interest by resi- dents in particular buildings. Consideration did not take into account actual resistance from property owners, resulting in an actual build of 172 units, as opposed to a projected construction of 586 units. lie stated that for 1987, Cablevision has projected a new build of 480 units based on the degree to which property owners have shown willingness to cooperate in conjunction with residential interest. In discussion it was noted that Cablevision has not begun any new construction for 1987 to date. The Commission then considered Cablevision's updated list on Evanston properties unbuilt as of April 16, 1987. The report provided categories for unbuilt units as follows: Built and Released to Sales in Recent Months; Signed or in Negotiations or Fending Design Approval; Refusals; No Contacts; and those units which have been categorized as Prohibitive Construction Costs. McGuire suggested further refinerient by separating properties released to sales and properties signed or in negotiation pending approval. In discussion, Edmundson noted that the category for Signed or in Negotiation also requires a second step which includes owner approval of a design for construction before actual build begins. In response to a question from 5ampen, Edmundson noted that the properties listed under Built and Released in Recent Months are actually properties designated and constructed in 1986. Edmundson suggested that it would be helpful to provide the date of release to sales for further clarifi- cation of this category. McGuire then noted that in the No Contact category, 48 separate proper- ties are liste.l which account for 833 units for which there have been no contacts made. Edmundson noted that this list was developed from Cable - vision records; if no data had been entered regarding a contact, then properties were placed in this category. McGuire commented that 13 of the buildings have 20 or more units, and that one has 76 units. lie suggested that of these 13 properties with 20 or more units, it would be advisable for Cablevision to prioritize these buildings and to make a contact within the next 30 days if it is reasonable to do so. Edmundson responded that it would not be reasonable at this time. He countered that Cablevision would like to prioritize facture contacts with property owners in a method suitable for the Company. He stated that he can give a status report for the May Commission meeting. The Company prefers to pursue contacts in a Way most profitable to Cable - vision - that is to go after agreements in buildings for which there is the highest subscriber interest. McGuire responded that it has been five years since the franchise agreement was signed, and three years since the City was to be completely wired. It is reasonable to expect that all building owners would have been properly contacted by this time but apparently not. Fold added that the information provided is very helpful, but is just a step in the right direction. lie suggested that it is important that the Cable Communications Commission Minutes of 4/21/87 ... 3 Commission understand what the Company is doing to complete construc- tion requirements. McGuire agreed and noted that the information provided by Mr. Edmundson has been requested by the Commission for several years, and commended Mr. Edmundson for completing this task. He added that the list is a "road map" but further refinements are needed. Regarding prohibitive costs, McGuire noted that the building in the 2700 block of Hampton Parkway should be deleted from the list because it is a Northwestern University property and service depends on an agree- ment between Northwestern and the Company. McGuire explained the history of landlord/tenant refusals, and stated that this is a problem experienced in several communities for a number of reasons including property owners demand for a percentage of the cable company's profits, concern regarding design approval and proper construction, lack of adequate information about cable service and community benefits. The industry is attempting to resolve these problems and most construction projects go relatively well. Edmundson explained that Cablevision sends a letter to property managers or owners of potential new construction buildings informing them of the cable interest that exists among; residents of the building, and of Cablevision's obligation to providO service. McGuire noted that there has been no decision made on the State Act, which requires access to multi -family buildings, since a challenge to the provisions of the Act was made several months ago. Wold asked that the sequence of the construction list provide separation of information regarding refusals and addresses. Watterson suggested that the sequence be divided into geographic areas of the City or alpha- betical listings. Staff was requested, to work with Cablevision to provide an updated computer listing with an improved sequential list. Regarding the prohibitive costs category, ,McGuire noted that a number of the buildings are predominantly senior citizen residences, and that Cable - vision is now on record that it is not in their economic interest to provide service to these buildings. lie stated that he has received at least one call within the last month regarding interest for service in these buildings. Edmundson responded that the level of interest is low and that the expense of the service appears to be prohibitive for resi- dents there who are mostly on fixed income. lie stated that these projects have not been prioritized by Cablevision at this time becaltse tenant de- mand exists elsewhere. Wold questioned whether prohibitive cost means the Company's .assessment of a poor return on investment. He stated that if it is a cost -profit rela- tionship, then it should be stated as such. Edmundson stated that by virtue of the number of units in the building, the cost of construction would be expensive. McGuire asked whether there had not been any requests for service, and questioned if a resident in one of these senior citizen buildings requested service, what response would be given by Cablevision? Edmundson stated that the Company response would be that service is not available at this time. Woad asked that the Company clearly state its policy, if in fact six or more units requesting service are required before the Company would prewire a building. McGuire noted that if only one or two people in the building requested service, technically the Cable Communications Commission Minutes of 4/21/87 .,. 4 Company cannot refuse service. Comundson noted that residents of senior citizen buildings are marketed through Cablevision's occasional mass market mailings. ltiatterson suggested that a lounge or common area in these buildings might be a potential area for service for the seniors and avoid the problem of unaffordable expense. Edmundson stated that the Company would provide service of this kind if it were requested. McGuire stated that if these senior citizen residences had been fairly marketed, as other buildings had, and if no interest exists that is one case, but if a request for service becomes a problem then a far differ- ent situation exists. tie suggested that the Company look at service for the common areas in these buildings. b'atterson requested that landlords be listed with the addresses for those buildings in the categories of Refusals or No Contacts. Wold added that these lists should come from City files and clearly be indicated as a City work project. Cable Monthly Construction Report Sampen noted that the grand total in the updated construction list is differ- ent than the number listed on the monthly constriction report. tie asked Cablevision to correct this on the monthly construction report which totals �,624 unbuilt apartments, The actual total is approximately 3,000 units. hold requested Cablevision provide an update on the r<<Iuest for service at 3200 Grant Street (Presbyterian Homes). heard commented that as the founder of the 100I Emerson senior citizens' building, that cable service would be a real problem for residents on a fixed income, and agreed that a common area there could be and should be pursued as a possible cable television service for residents. Mk:Guire asked that staff prepare a written request to Cablevision asking for an updated status report on the No Contact category properties, and to pro- vide an update on interest, particularly for the 13 properties with 20 or more units. Heard suggested that one way in which Cablevision can get a handle on the level of interest among residents of multi -family buildings would be through a subscriber survey. McGuire concluded the discussion by stating that it is an entitlement of Evanston residents to receive cable service if they request it. If Cablevision doesn't provide that service there must be an overwhelming reason and explanation for lack of service. Evanston Community Television Programming Plan McGuire suggested, and the Commission agreed, to postpone an advisory opinion on the Evanston Co-wrunity Television Corporation (ECTC) programming plan until the ECTC annual report is received. He stated that after reading and under- standing the annual report, the programming plan could be evaluated in a better perspective. Bald moved, seconded by ltiatterson, that Chair McGuire work with City staff and create a process by which the ECTC annual report could be dis- tributed to community groups and organizations as soon as it is received by the Commission. notion approved unanimously. McGuire than suggested to the Commission that the members may derive benefit from a planning session as conducted by the Commission in January, 1985. Sampen moved that the Chair, Vice Chair, and staff form a working committee to plan such a session for the Commission and report back to the Commission at the May 12, 1987 meeting. Motion approved unanimously. Cable Communications Commission Minutes of 4/11/87 5 Company Questions and Answers Bassett questioned the number of people involved in responding to questions posed to the Company, specifically who checks on files for a "no contact" category. Edmundson stated that he is the primary person responsible, although other Company managers provide information in their respective work areas. McGuire commented that it is probably safe to say that an inadequate data base on property contacts now exists. In answer to Bassett's question as to who is responsible for data, Edmundson responded that he, as Northern Region *Manager, is responsible. Watterson noted that he has received a letter from Sidney wick regarding his concern about the number of hours Northwestern University students use the ECTC facilities. McGuire responded that this is an issue for the ECTC Board of Directors, and that in his opinion it does not appear that a scarcity issue exists at this time in terms of availability of the equipment; if this were the case, the EC'CC Board would be responsible for dealing with it so that no one group dominates the use of the facilities. The meeting adjourned at approximately 9:15 p.m. The next meeting of the Cable Communications Commission will be held on Tuesday, May 12, 1987, at 7:30 p.m. in Room 2401 of the Civic Center. Sally Roe T le, Staff cc: Joel Asprooth Minutes of the EVANSTON CABLE CONQ�IUNICATIONS COMMISSION May 12, 1987 Present: Jim Heard, John McGuire, Don Sampen, John Wold Absent: Edward Bassett, Ruth Smalley, John Watterson Guests: Marsha Standiford, Patricia Dracek City Staff: Sally Roethle Cablevision: Willie Edmundson Presiding_: John McGuire, Chair Chair McGuire informed the Commission that Commissioner John Watterson is resigning from the Commission due to work in Korea for a year, and that Ruth Smalley is out-of-town and is expected to be at the June meeting. Minutes The minutes of the April 21, 1987 Cable Communications Commission meeting were approved as submitted. Communications: - Staff report on cable consumer complaints Staff reviewed the complaints reported to the City for the month of April. Commissioner Wold noted that the total number should be corrected to read 10 complaints received. Of the ten complaints received, two complaints were billing problems, one communication problem, one signal quality problem, one installation problem, two missed appointments, and three complaints regarding service not available. It was noted that staff has requested from Cablevision information regarding the Company's customer service policy on "pay per view" requests in response to a complaint received about billing for same. System Manager Willie Edmundson stated that this Mould be pro- vided. Chair McGuire asked how the Company verifies whether an adult is calling in an order for "pay per view". Edmundson responded that this has not been a problem to date, and that the Company may call the subscriber's home to verify the request. Wold requested that staff check complaint 0098 to determine Whether the address is in a pocket location where a right-of- way problem exists. In response to Sampen's question regarding the status for service at Leslee's Restaurant, Edmundson noted that Mr. Weinberger of Moffett Realty has received a contract for service at the Sherman Avenue building, and that Cablevision is now waiting for a contract signed by Moffett prior to further action on the service request for Leslee's. Edmundson provided a report on prior unresolved complaints reported to the City. He noted that for complaint #063, a design contract and insurance have been approved, and a final contract signature has been requested for cable service at 1567 Ridge. For complaint #077, it was reported that Cable Communications Commission Minutes of S/12/87 ... 2 written estimates have been requested from customers regarding minor damages, and that the Company has agreed to reimburse reasonable costs. Regarding complaint #089, the subscriber has dropped cable service following report of poor stereo service and signal problems, - Cablevision consumer complaint report for April, 1987 Edmundson noted that of the thirty-two inquiries and complaints received, four remain unresolved, including one requesting service which was also called in to the City and reported for the month of April. - Commissioner Heard's response to ECTC communication Commissioner Beard informed the members of the Commission that he had received a copy of a communication from Evanston Community Television Corporation (ECTC), dated May 8, 1987. He noted that he had not yet received his original letter but had been provided this copy by Chairman McGuire. He noted that in regard to the communication, he had videotaped two foot races in October. For this program he used his own or rented video equipment and paid for his own expenses to produce these videos. He stated that in December, ECTC looked into the possibility of his use of ECTC equipment for personal benefit for this production. lie received a letter from ECM on January 8, 1987 in this regard, responded on Jan- uary 12, 1987 with follow up information, and later met with representa- tives of ECTC. He noted that ECTC's attorney and Board President asked him to submit a letter regarding his activities surrounding this produc- tion and record of editing sources used to produce the program other than ECTC's facilities. He stated that he has not vet decided how to respond to the letter froin ECTC but that he will do so sometime after this evening's meeting. In response to Chair McGuire, Heard did not ask the Commission to take any action in regard to ECTC's letter at this time. Construction List - New Build Apartments Staff reviewed the cover memorandum and material in the apartment construc- tion list revision. It was noted that five categories are included: built and released to sales; signed or in negotiation/pending design approval; refusals; no contact; and prohibitive costs. The information was categorized according to Commission's suggestions and corrected information has been provided for certain buildings. The Presbyterian Home has been added to the category termed "prohibitive construction". The "prohibitive construction" term was noted as one used by Cablevision. Staff explained that as housing information is reviewed, corrections and updated information will be provided in each future report. Chair McGuire noted that the Company's 1986 build projection was 586 units but that the actual build was 1S2 units. He noted that the build projection for 1987 is 480 units but that no work has yet begun for these apartment units. Edmundson explained that as the Company get finalized contracts the engineers draw up plans for actual construction. He further noted that there are 188 units for which there are signed contracts for construction in 1987 as of this date. In response to a question from Sampen regarding the 890 units in build- ings for which there have been no contact, Edmundson stated that he has nothing further to report at this time. He stated that he has sent initial contact letters out to representatives of some of these buildings but that Cable Communications Commission Minutes of 5/12/87 3 he is not singling out certain buildings. Edmundson noted that these letters are form letters, that it is the first step in the process. He then awaits contact from the building representative, and if no contact is made he will then call the building representative. He further explained that building representatives frequently have questions about how the Company will wire the building, additional information requests regarding designs, and in some cases contractual amendments are required by the owner before final approval is given. In the next step of the procedure, the Company draws up the design for the owner's approval and the building is then ready for construction. In response to additional questions from Commissioners, Edmundson stated that since April, 1987, he has sent approximately twelve letters as initial contact to building representatives. Heard questioned whether the process of con- tacting building representatives is moving so slowly due to a fear of possible demands that cannot be met. Edmundson responded that this is not the case; the process is moving slowly because of other projects he is working on. McGuire then questioned whether the apparent reluctance on the part of the Company to initiate contacts is because the Company does not want to spend the money. In response, Edrrsndson stated that the engineering department has stated that they are prepared to proceed with construction requirements. Wold then requested that Cablevision be formally requested to keep City staff informed on a periodic basis as to which apartments have been contacted, and what has been the response. He explained that the Commission needs a clear and straightforward way to understand what contacts are being made and what the situation is. He noted again that in the total number of 3,252 units yet unbuilt in Fvanston, there are 980 for which no contacts have been made and approximately 1,100 for which the Company has determined that the costs are too prohibitive. Chair McGuire noted that the Commission should have the expectation that the franchise agreement be complied with, and that any linger- ing and further delay could be considered acquiescence on the part of the City. He further stated that he cannot understand why there is no aggressive work in obtaining permission to build given the fact that it costs the Company little or nothing to pursue these interests. He strongly suggested that Cablevision contact the representatives and/or owners of elderly housing properties and develop a solution to provide cable television service for the common areas in these buildings. lie asked that the Company provide the Commission with a status update in this regard. At the Commission's request, Mr. Edmundson agreed that the apartment con- struction list will be updated on a monthly basis so that a mutual under- standing can be provided which will ascertain progress of unbuilt apartment units. Question was posed as to whether or not the YMCA should be kept on the list as a potential for cable television service. Chair Wold noted that it was already on the list. Commission Advisory Opinion Regarding ECTC Programming flan and ECTC Annual Report McGuire introduced this item noting that the Commission previously decided to await completion of a written advisory opinion regarding the ECTC programming plan until the annual report was provided by ECTC. fi; stated that the report was received on May 8, 1987 and that it is quite extensive. McGuire then Cable Communications Commission Minutes of 5/12/87 ... 4 suggested that the Commission hold a hearing at the June 9, 1987 meeting in regard to the ECTC annual report, and requested that staff immediately send notices to community groups and organizations informing them that copies of the report are available and invite their comment on the report. Chair McGuire stated that the purpose of the Commission's discussion of the annual report at this meeting will be to consider the material covered in the report and to determine whether or not there are any missing items. lie noted that it is clear that a great deal of effort went into the report and thanked ECTC Executive Director Mlarsha Standiford for the work she had done in preparing the report with the ECTC [Board of Directors. In discussion, it was noted that the ordinance requires an audited financial statement covering the previous year and that the submitted report provides information for two quarter periods. McGuire noted that the intent of the audited report is to provide a certification for the record on how money required and directed to be provided by Cablevision is spent. Also, an Equal Employment opportunity and Affirmative Action report regarding what ECTC has done to comply with these requirements is needed with a narrative on the Company's policy. An additional item required is a status report on the grants program, including past and future plans for the grants program and a report on an internship program. Another item requested is an access promotion and outreach narrative regarding ECTC's efforts to coordinate and lead public, educational and governmental programming. McGuire noted that this information should speak to the leadership function of ECTC. McGuire commented favorably on the month -to -month review section and noted that a June 1986 report is missing. Ms. Standiford responded that the ECTr_ Board did not meet in June of 1985 and that the month -to -month report is based on a summary of information from the Board of Directors meetings. McGuire noted that the President's view in the introduction to the Board report takes certain positions including one that staff energies concentrate on programming by citizens. Standiford noted that this view was adopted by the ECTC Board of Directors. McGuire suggested that the ECTC review the ordinance and address the required items for the annual report addendum material. In regard to the budget submitted. he asked about a budget func- tion for dollars carried over from year-to-year, and noted the equipment replacement and contingencies will total $130,000 by 1989. He suggested that ECTC itemize this category. Regarding programming hours, it was noted that staff produces 1 hour per week of programming, 1-1/2,hours per week is produced by Northwestern University students, and that 1 hour per week is produced by the Friday Club. According to figures provided, Marsha noted that in fact Northwestern students work on 3-1/2 hours of programming per week and that the staff is trying to track correct hour computations using their computer equipment, however, capacity has to be expanded before this can be done. McGuire noted that in the President's view a comparison is invited regarding the past programming management situation under Cablevision and the present situation under ECTC. McGuire cautioned that this not became a "numbers trap". Marsha Standiford, ECTC Executive Director, was commended for her work. McGuire stated that since her appointment the ECTC operation has developed stability, professionalism and competence in the management and operation of the facility. Wold commended the Board and Executive Director for their 1987 goals and objectives statements which he said were realistic and challeng- Cable Communications Commission Minutes of 5/12/87 ... 5 ing. In conclusion, McGuire noted that the challenge which now faces the ECTC Board is to find ways in which to interest the community in the real issues in community programming. There being no Company questions and answers or public comment, the meeting adjourned at approximately 9:30 p.m. The next meeting of the Cable Communica- tions Commission will be held on Tuesday, June 9, 1987 at 7:30 p.m. in Room 2401 at which time the public hearing will be held on the ECi'C annual report. Sally Rodkhle, Staff - cc: Joel Asprooth, City Manager EVANSMN CABLE COMMUNICATIONS COIDfISSION PUBLIC HEARING ON ECTC ANNUAL REPORT .NNE 9, 1987 7:30 P.M. Present: Edward Bassett, Jim Heard, Marlo McAllister, John McGuire Ruth Smalley Absent: Don Sampen Guests: Marls Lazar, Mary Spalding, Cindy Cort, Jack Hubble, Jean Hubble, Darryl Merlina, Patricia Dracek, Bill McNulty, Keith Amman, Marcia Standiford, Alan Soell, Larry Lichty, Sidney Zwick City Staff: Sally Roethle Cablevision: Willie Edmundson, Irene McPhail, Doug Medina, Tony Ruopoli Presiding: John McGuire, Chair Chair McGuire opened the public hearing With a review of the background of Evanston Community Television Corporation (ECTC). He stated that ECTC is a non-profit entity responsible for promoting and developing maximum community involvement in and use of cable television for community programming purposes, for producing community proczrar=inr and administering the use of the public_ access channel. ECTC was created in November, 1985 by ter -is of an agreement between the City and Cablevision and began actual operations in September, 1986. ECTC was created to manage and operate cor=unity television prcgrasmning operations for cable Channel 24 from the production facilities at 1285 Hartrev. ECTC is governed by a seven member Board of Directors and operated on a daily basis by a staff managed by an Executive Director. McGuire stated that the purpose of the hearing is to accept input and cc=ents on the first annual report of the Evanston Community Television Corporation, as submitted to the Commission on May 8, 1987. He noted that it is the Com- mission's role to review ECTC's annual report and provide an assessment and review to the City Council. McGuire noted that at the May 12, 1987 Cnmmission meeting, the annual report was preliminarily reviewed and it was noted that additional items were needed including a status on the programminv grants fund, a statement on Affirmative Action and Equal Employment Opportunity, report on the internship program, and a report on facilitating institutional and Govern- mental access. A fifth item requested was a complete audited financial state- ment which McGuire noted had not vet been submitted. Chair XcGuire then read from Ordinance 1'3-0-85 the ECTC powers and responsibilities. ECTC powers are: (1) conducting public information and educational activities; (2) allocating public access channel space and time for non-profit uses on a fair and non-discriminatory basis; (3) providing financial, technical and other assistance for non-profit pro4;ramminz and rather non-profit uses of the cable system; (4) retaining ownership of the studios and other prnc,ram production Cable Communications Commission Public Hearing on ECTC Annual Report Page 2 facilities and equipment, and employing staff; (5) producing community program- ming; and (6) adopting and amending, as appropriate, access user rules necessary to carry out the purpose of ECTC. ECTC responsibilities include: (1) Administration: administration of access facilities and public access channels which include establishing rules for the use of the facilities for administration of the public access channels and providing an access facility and channel rules which shall enhance, develop, provide and encourage access by the widestnumber of Evanston residents and non- profit organizations. (2) Community Programming: ECTC shall develop and pro- duce community programming relevant to the needs of Evanston citizens. Within ninety days after incorporation, and after consultation with broad segments of the community, ECTC shall develop, recognizing resource limitations, a community programming plan which was to be submitted to the Cable Commission, and Which after public input the Commission shall give ECTC its advisory opinion on the merits of the progra=ing plan. (3) Access Promotion and Outreach: ECTC shall use best efforts to publicize, promote, and otherwise encourage properly quali- fied persons and organizations to use ECTC facilities, and encourage maximum number of persons to use public access cablecasting time. The purpose of the outreach program is to educate individuals and groups on the availability of access programming and how to utilize the facility and equipment to develop programming. Additionally, ECTC shall coordinate and lead efforts of public, municipal, and educational access users to promote viewer awareness of access and community progra=ing. (4) Training: ECTC shall develop and implement regularly scheduled training programs for single camera production, editing, post -production, small tech camera studio production, mobile van, and other relevant production skills necessary to meet needs of public, municipal and educational users. (5) Internship program: ECTC shall use its best efforts to establish an internship program for high school students and college students to ensure that students are representative of the Evanston community. (6) Grants: ECTC shall take over the administration of access programming grants fund. (7) Affirmative Action and Equal Employment Opportunity: ECTC shall strictly adhere to the Affirmative Action and EEO requirements of FCC, State statutes, and all other local requirements. McGuire then addressed the guests stating that the Commission is interested in hearing public comments the people would like to make regarding what they think of ECTC's performance to date. He noted that once a year the Commission will report to the City Council on how ECTC is living up to its responsibilities, and that public input is essential to this process. Mary Spaldinp,, Executive Director of the Friday Club production and Reggae Vibrations, and an access user for 3k years, stated that she has enjoyed work- ing with ECTC staff and noted that the staff's attitude toward what access is has been very supportive and all efforts of staff are appreciated. On the negative side, she noted a problem with certain equipment which needs replace- ment and understands the financial problem involved. She stated that there has been a definite positive change in ECTC operations and administration of the community programming facilities in comparison to the previous cable company operated administration. She again complimented the ECTC staff for their good attitude which, in her opinion, is what is needed to make access work and is the reason for the beginning success of ECTC. Ms. Spalding also noted that the Friday Club is having its third year anniversary program, a two hour live program from 10:00 p.m. until midnight, June 13, 1987. Cable Communications Commission Public Hearing on ECTC Annual Report Page 3 Sidney Zwick of the Southwest Evanston Community Council and Northwestern Alumni Committee, noted that his contact with community programming personnel goes back 18 months. He stated Sis full support of the previous speaker's comments and noted that in his opinion there has been a marked improvement in operations With the hiring of the present ECTC staff. He stated that 18 months ago, when he took the introductory course with his daughter, access rules were observed more in breach. He stated his assurance and sense of confidence and fairness now in the much improved, business like operation. Mr. Zwick stated that, in his opinion, the concept of cable in Evanston needs expansion; it is a great medium for communication, and noted his involvement with ECTC in a number of community issues programs produced over the past several months. He said a need exists for additional staff and noted that production takes a great deal of time for any individual group or organization. He expressed hope that the full potential for community programming will be explored and expanded, and stated his interest in additional public issues programming on channels 24, 25 and 22. He likened his interest to the potential for a local PBS concept. Chair McGuire encouraged Mr. Zwick in his efforts to interest School District 65 to have the board meetings cablecast. Mr. Zwick responded that the PTA Board has made a public statement in support of this and he reiterated his strong interest in having Board meetings available to cable viewers. Bill McNulty, a local community producer, stated that he echoes the sentiments of the previous speakers. He noted that with the present management of ECTC. individuals are treated in a fair and dignified manner. He voiced his appre- ciation and support of the ECTC operations. Jean Hubble, a new co=u pity producer, praised the efforts of Marcia Standiford. Executive Director of ECTC. and her entire staff _hom 'Its. Hubble described as very helpful and encouraging.. She noted that a 90 page production booklet provided by ECTC is the first of its kind and is excellent. She further noted that staff are helpful and knowledgeable. and also noted that they need new cameras and additional financial resources. Keith Amman, a community producer for 15 months and a producer of his own pro- gram, commented positivel'v on several areas of ECTC operations as follows: administration of facility; encouraging access; supporting efforts of producers; and training. Regarding rules and regulations, Amman stated that disciplinary information has not been made known to him and he does not know if it is avail- able. He noted that ECTC is helping people produce rather than venturing into ECTC productions. Regarding the internship program and the grants fund. Amman noted that he knew very little about these. In summary, Amman ,tated that staff is very cooperative and that the business -like attitude helps tht. facility- run more smoothly; however, last summer it was more "folksy and human" which is not the case now. McGuire asked Amman if more shows were being produced last summer. Amman responded that many more shows were produced last summer, that staff helped with productions and to execute programs that encouraged people: to pro- duce and to expand their production skills. In response to McCuire's question regarding benefits ECTC is providing to the community and the relevancy of the operation to the community. Amman stated that the staff's job is to bring people out to express themselves and to be creative. He Suggested that all the community channels get together. Mark Lazar, of the Fridav Club, stated that he supports the work of ECTC. McGuire qucsticned whet;ier or not two required approaches for ECTC can co- Cable Communications Commission Public Hearing on ECTC Annual Report Page 4 exist: facilitate a role for production by access users, and as an entity that determines what programs would be of interest in the community and playing a vital role in productions for which audiences exist, bazar re- sponded that relevant programming cannot all come from access users. He stated that, in his opinion, people want to watch interesting programs, but a bigger picture is needed on what should be programmed on the channel. He further suggested that more outside programming is needed; more viable, interesting and challenging programming. He stated that, in his opinion, staff and resources are limited and that a larger group is needed to make this work in addition to more participation. McGuire noted that when ECTC was created, we looked at what was happening around the country, including the Chicago Access Corporation. He stated that the entity had to be independent of a weekly or monthly reporting pattern, and that the need for independence was met with a yearly reporting require- ment. He described the once a year reporting and hearing as an opportunity for the Commission to provide a hard look at a year's worth of effort, and that ECTC is then independent for the remainder of the year. He suggested that programming is needed that would create ar identity for ECTC. ECTC started after efforts were spent on conflict resolution versus production, and that ECTC had to take it from there and create an iden ti tv . He then stated that there is no magic "money faucet" for what may be a need for additional funding. There is no certainty that the two local School Boards will further their involvement in community programming. He suggested that these are small steps that would help build an identity for community programming in Evanston. McGuire also stated that there is little chance of public funds going into ECTC. Marcia Standiford, Executive Director of ECTC, commented on the Corporation's success. She stated that it is difficult to strike a balance between pro- ducing to meet the needs of production or creation, and the needs of access users. She stated that success depends on the City, the High School, and ECTC programming. In terms of business efforts, volunteer organizations and core groups come and go; it takes time for programming to develop from these sources and that a spirit of cooperation must be recreated in an ongoing way. She stated that it is important that ECTC not neglect systems that allow producers to do their best. Describing an approach that ECTC has taken to build a firm foundation. Standiford noted a permanent staff, meeting ordinance requirements in terms of budget, operating rules, check-out forms, fair and equitable equipment reservations. She stated that a fresh start approach was needed, that ECTC is now looking to see that current systems work and is emphasizing the im- portance of public relations in the entire community. She noted that the relationship with Cablevision has been especially good and they have been very cooperative. She further noted that the Commission can be helpful by getting the City Council interested in the activities of ECTC. McGuire then introduced Alan Soell, President of the ECTC Board of Directors. He noted that Soell had been involved in community programming in Evanston for five years - first as a community committee member of the Cable Co=is- sion's Public and Institutional Access Committee; member of the Ad Hoc Com- mittee which negotiated changes to the franchise agreement and creation of Cable Communications Commission Public Hearing. on ECTC Annual Report Page 5 ECTC with Cablevision; and then Board member and President of ECTC. McGuire stated regret at Mr. Soell's resignation due to his career successes, and that his many years of effort, contribution and considerable talent Will be missed. Larry L.ichty, ECTC Board member, praised Marcia Standiford and thanked Alan Soell for the enormous amount of time he has given to ECTC. Fie noted that there is a Board vacancy available at this time, and that a diversity of representation is needed. He encouraged anyone interested to apply by con- tacting Marcia Standiford at ECTC or writing to ECTC at 1285 Hartrey, Evanston. The Commission requested staff to draft a report regarding this hearing pro- cess and the comments that were given. The public hearing adjourned at approximately 9:30 p.m. Cad ky thl Sae,aS't'a f f cc: Joel Asprooth, City Manager Minutes Cable Communications Commission Planning Session July 18, 1987 8:30 am - 2:30 pm Present: Edward Bassett, Rolf 9randis, .aim Heard, Marlo McAllister, John McGuire, Ruth Smalley, Don Sampen Staff: Sally Roethle Cablevision: Irene McPhail, Charles Bartolotta, Doug Medina, Willie Amundson Presiding: John MaSuire, Chair on Saturday, Jul; 18 the Commission held a planning session at the Evanston Community Television Corporation facility. The purpose of this session was: (1) to provide a complete overview of cable communications in the City of Evanston based on past history, the terms of the franchise Agreement between Cablevision and the City, and the current statas of cable television service to consumers and institutional users in Evanston; (2) to conailer Commission functions and objectives; and (3) to create an agenda for current and future regulatory and overniuht resp)nsibi l i `. ies. Specific tiVics were addressed including: Commission enabiing oriinance and bylaws, franchise agreement provisions, the Cable Communications .act of 1984, reporting requirements; system utilization, availability of service, technical quality of cable television service and customer service issues. Cablevision representatives were present for a one hour =e Tent luring which an Qvvrview of Cogan;: operations was presented. A tour of the system head end facility included information and explanation of transmission equipment for the Evanston system. The Commission then discussed in general the various O nctions, objectives, and specific areas of interest for future policy stu y and deci ion making. A tvir of V e -7TC facility was then provided by ECI`C Executive Director Marcia Stanaiford. The planning session adjourned at approximately 2:30 pm. cc: Joel Asprooth, City Manager Present: Absent: City Staff: Cablevision: Presiding.: Minutes Minutes to be approved at 10/13/87 meeting Minutes of the EVANSTON CABLE COMMUNICATIONS COMMISSION September 8, 1987 7:30 P.M. Edward Bassett, Jim Heard, Marlo McAllister, John McGuire Don Sampen Rolf Brandis, Ruth Smalley Sally Roethle Doug Medina, Tony Ruopoli, Charles Bartolotta, Patricia Dracek John McGuire, Chair Minutes of the June 9, 1987 Public Hearing, June 9, 1987 regular Cable Com- mission meeting, and July 18, 1987 Planning Session were all approved as sub- mitted. Public Comments No public comments were offered. Commission Assessment and Review of ECTC and Comments on ECTC Programming Plan Regarding the report to City Council on Evanston Community Television Corporation (ECTC), Chair McGuire noted that in May, 1987 the Commission received the first part of the Annual Report from the Corporation; additional materials were then submitted including the financial audit received in August. In June, the Commis- sion held a Public Hearing to accept comments from the community on the work of ECTC and its progress to date; the draft report to be considered at this time by the Co=_Ission is to be the cover report to be sent with SCTC's Annual Report and addendum materials to City Council. In discussion, it was agreed that the "draft" provides a subtle but fair overview of the Corporation's first year of operations. Sampen moved, seconded by Heard, that the Commission approve the report, subject to one final week of comments to be tailed in by interested members of the Commission, and with those changes the report !e submitted to City Council. Motion approved unanimously. Regarding the advisory opinion on ECTC programming plan, McGuire reviewed the process, noting that the plan was received in May, 1987 and that the Commission withheld its review until receipt of the Annual Report From ECTC. It was noted that the Commission's statement regarding the programming plan is an advisory opinion only, and after Commission approval, will be submitted to ECTC. Sampen moved, seconded by Heard, to approve the "draft" advisory opinion. Motion approved unanimously. Commiss;z)n Planning Implementation Pursuant to the Commission's July 18, 1987 Planning Session, McGuire noted that Cable Communications Commission Minutes of 9/8/87 ... 2 four work areas have been created in response to the Commission's own clarifi- cation of its role. These include: system utilization, availability of service, 1988 performance evaluation, and customer service. The Chair suggested that Commission members who have agreed to work on these four areas report back to the Commission in October or November. He noted that he and staff will work with the chair of each group to review the scope of what the report should entail and to work with group members to finalize a report to the Commission. In review- ing the four areas, McGuire noted that system utilization should include insti- tutional and municipal functions and uses of the cable system; availability of service will cover the construction to be completed and issues to be resolved regarding provision of cable television service to 100% of the residents and institutions of the City; 1988 performance evaluaticn is a recommendation on areas and questions to be covered in next year's evaluation or Cablevision's performance under terms of the franchise agreement; and customer service should cover all areas of cable television services to customers in Evanston. Sampen moved, seconded by Heard, to adopt the plan as submitted. Motion passed un- animously. In discussion, it was agreed that the System Utilization Report be submitted at the November meeting rather than October, in order to provide sufficient time to cover all required areas. The Availability of Service Report will be submitted in October, the 1?88 Performance Evaluation and Customer Service Reports will be submitted in November. Staff Report on Cable Consumer Complaints for June and .;uly 1987 Roethle noted that the cover memo to the Administration and Public Works Committee of City Ccuncil is a semi-annual report on cable consumer complaints received by the City. It was noted that this report was accepted and approved by the Committee. Included in the report was a review of five total complaints received in June. In a supplemental report for July and August, eight complaints received in July and six in August were reviewed. Cablevision Consumer Complaint Report Consumer complaint reports from Cablevision for the months of June, July and August were reviewed. Cablevision was asked to provide inforration on the high number of billing complaints. McAllister suggested improvements may need to be made in this area. Sampen stated that the unresolved complaints in both the City and Company reports are quite different and suggested that a mecranism be created so that these can be reconciled. It was agreed that the consumer issues committee should look at ways in which to reconcile the reports and create like categories. Apartment Construction Report Roethle explained the revisions for the July/August 1987 Apartment Construction Listings report. It was noted that three buildings totalling 89 units have been added to the category "Built and Released to Sales". Five buildings totalling 134 units have been moved from "Refusals" to the category "Signed or in Nego- tiation". One additional building totalling 193 units has been added to the category termed "Prohibitive Construction Costs". In response to Bassett's question as to whether sales are better in a "first market pass" or in existing multi -family buildings or residential areas, Ruopoli responded that a "first pass" provides the best results. Cable Communications Commission Minutes of 9/8/87 ... 3 Cablevision Subscriber Report In reviewing this report, McGuire noted that the total number of subscribers is now 6,933. The subscriber total which has remained at approximately 7,000 and is now below that number, was discussed at length. Bartolotta noted a 23.5% subscribers to homes past count. Ruopoli stated that he could not offer an exact explanation of why the subscriber count has not increased. Respond- ing to McGuire's question regarding marketing, Ruopoli noted that Cablevision has been more aggressive in its marketing in 1986-87, and has entered into a joint venture with other Chicago metropolitan area cable companies in creating radio and television advertising for cable. Bartolotta stated that the small drop in subscribers is not an alarming trend, however, it is worth noting that 20 to 30 subscribers drop service each month, and a like gain in subscriber count is usual each month. From July through October of 1986, there were no sales staff in Evanston; in January of 1987 three salesmen were added; and by July, 1987 ten salesmen were working in the Evanston area. Responding to McAllister's question as to why people disconnect, Bartolotta stated that there is a marketing group from Cablevision who contact subscribers to deter- mine, from a list of twenty reasons, why service was dropped. He indicated that some of the issues include programming quality, price and values, ser- vice interruptions, and rate increases. McAllister suggested that the monthly consumer report from Cablevision include the number of disconnects for each month, in res-.cnse to McGuire's question, Bartolotta stated that 5-6$ !!,-f the basic sutscri�-er tcFulation dropped service due to the most recent rate increase. Construction =ercrt Medina noted that the Company has been successful in completing construction requirements fcr Roslyn Place; half the block has been completed and the remain- ing houses will have cable available within the month. Company Questions and ,answers There were no questions and answers for the Company, or call -in questions. The meeting ad;ourned at 9:40 p.m. The next meeting of the Cable Communications Commission wil'_ be held on Tuesday, October 13, 1987 at 7:30 p.m. .&64,7, eye et&� Sally Roe e, Staff cc: Joel Asprooth, City Manager Minu tes to be approved a t 11/10/87 meeting Prssan t: Absent: City Staff: Cablevision: Presidin&: Minutes Minutes of the EVANSMN CABLE COMMUNICATIONS COMMISSION October 13, 1987 7:30 p.m. Jim Heard, Marlo McAllister, John McGuire, Don Sampan Edward Bassett, Ruth Smalley Sally Roethle Doug Medina, Charles Bartolotta, Irene McPhail, Willie Edmundson Patricia Dracek John McGuire, Chair The minutes of the September 8, 1987 regular meeting of the Cable Communications Commission were approved as submitted. Public Comments No public comments were offered at this meeting. Communications: - City report on cable consumer complaints Roethle reported on the consumer complaints received by the City for September, 1987. Of a total of six complaints received, four have been resolved. The complaints included one communication problem regarding pre -wire for a Condominium Association; three involved installation complaints, no permission was given to cross private property; one in- volved service not available; and one miscellaneous complaint involved a subscriber request for remote control device which was not provided at the time of installation. Included in the report was a listing of nine prior complaints unresolved. In discussion, Chair McGuire stated that for unresolved complaints, it is intolerable that it takes six to seven months to respond to a request for service. McPhail stated that the Company will follow up immediately and a specific answer will be provided in writing by the end of the week to City staff. Also noted was the service request for Leslee's Restaurant which has been outstanding since November, 1985. Heard stated surprise that it is not yet done because the complaint has been removed from the monthly construction report provided by Cablevision. Edmundson responded that the service for the Restaurant involves approval for the Moffett Build- ing. He stated that the owner of the Moffett Building is awaiting a design by Cablevision. Heard stated that he is very concerned about Cablevision operations and noted that in June, 1987 the Company said that Leslee's Restaurant's service was ready to be resolved and that it now looks as though it still is not closer than several months ago. Cable Communications Commission Minutes of 10/13/87 ... 2 Sampen s to ted that he, too, is concerned with the time delay on this. Medina, Cablevision's Chief Engineer, stated that the Company is working on CTA approval and that the Company cannot do the design until a right- of-way from the CTA is granted. McGuire stated that a delay on the easement right-of-way is not as much a problem as a construction issue and delay that could last several months. He asked that Cablevision provide clear and definite explana- tions where a need for right--of-way or an easement is part of the delay problem; it is very important to identify the issue when service is not available. He stated that more precise definitions can provide a mutual understanding of an issue, rather than give the appearance of bureaucratic bungling. In response to a question from Heard, McPhail stated that it should only take 30 to 90 days to provide service as requested depending on previously scheduled projects. Heard further s to ted that he is very concerned about the length of time it took to provide a Condominium Association with a design approval which had been requested for several weeks. He noted that this problem took four months to resolve and that the records should have been on file because the design plan had been created three years ago. Heard noted that he had talked to the Systems Manager, City staff, and Cablevision Engineering personnel and that resolution should not have taken so long. Edmundson explained that the contracts were sent in very recently but that the contract could not be signed until the next month when the Condominium Association met. Heard responded that the Company missed the first and second Condominium Asso- ciation meeting deadline and that this way of doing business explains why Cablevision is moving so slowly in terms of expanding penetration in Evans ton . Regarding the Presbyterian Homes, Heard further stated that it is his understanding that the Administrator from the Presbyterian Homes talked with a number of people at Cablevision and still nothing is happening in the way of getting service provided. McPhail responded that this also will be addressed without further delay. - Cablevision report on consumer complaints The Company's report on consumer complaints was accepted as submitted. - Cable Communications Commission's budget recommendation Vice -Chair Sampen introduced a recommeded budget for fiscal year 1988/89. He noted that he has reviewed the line item expenditures and the require- ments for the coming year's budget and at this time recommends Commission approval. In discussion, McGuire noted that most items are fairly non - discretionary and that these provide the staffing and line item needs required for the Commission to continue regular operations through the coming year. Motion to approve (Heard/Sampen). Motion approved un- animously. School District 65's Request for Modulator Staff noted that per the September 30, 1987 letter to the Commission from Joseph E. Hill, Acting Superintendent, the School District 65 requests placement of a modulator at King Lab School. Staff noted that in discus- Cable Communications Commission Minutes of 10/13/87 ... 3 Sion with the School District, plans for programming include live and taped programming and message services using a character generator. In discussion, the Commission stated its support for District 65's programming and interest in utilization of the allocated channel by the District. Motion to approve (McAllister /Sampen) . Motion approved unanimously. Planning Reports: - Service availability report Sampen distributed a report on the availability of services. He stated that it provides an explanation of the easement problems, owner refusals, prohibitive construction reports, delays in wiring, miscellaneous items, conclusions and recommendations for Commission action. In discussion, Sampen suggested that the Commission look very carefully at easement denials, some may include requirements for remuneration. In this regard, a question exists as to whether the Company has an obligation to purchase easements. He stated that a reasonable case could be made for that, how- ever, more information from the Company will be needed. Regarding apart- ment owner refusals, a fair argument could be made on franchise agreement requirements as to Cablevision's obligation to pay for easements. He further stated that the Company may have an obligation to invoke the S to to statute regarding access to apartment buildings. Sampen noted that in his research he learned that the Company assigns priority for con- struction based on cost and demand in a building. It is the present understanding that if construction costs are high and the demand is low, the Company then gives the construction project a low priority. Regarding the recommendations for action and further discussion on the report, Sampen recommended that Commissioners read the report, address any ques- tions they may have, and schedule a full discussion for the next Commission meeting in November. McGuire noted that the date is November 10, 1987 and asked that McPhail provide to the Commission, by November 3, 1987, a written response to the service availability report. 'The Company agreed to provide this in writing by November 3, 1987 for Commission discussion at the regular meeting on November 10. It was agreed that the apartment construction update list be considered at the next meeting. - Customer service/update On behalf of Commissioner Smalley who could not be present, staff reviewed the status of the consumer issues. The objective of the report is to improve understanding and awareness of cable television consumer issues and Cablevision's customer service policies; and to prepare items for consideration for the 1988 performance evaluation of Cablevision's ser- vices. The consumer issues recommendations will include a request for Cablevision's updated copy of the customer service manual; a time limit for resolution of consumer complaints; a streamlining of the City and Company consumer complaint reports and a common set of definitions to be used; a request that the Company add to their customer service report the number of disconnects per month and the length of time service was provided prior to disconnect. A customer survey, conducted by mail, will also be recommended. Cable Communications Commission Minutes of 10/13/87 ... 4 - System utilization/update Commissioner McAllister noted that for the system utilization report, a data file is being created on the public, educational, and governmental uses of the cable system, interconnection, and future policy considera- tions. A institutional users survey is being conducted in preparation for the November report; Additional information and recommendations Will be included. - Performance evaluation report Chair McGuire suggested that this report be held over until November. Cablevision Monthly Construction Report - September. 1987 It was noted that the number of subscribers in Evanston, as of September 30, 1987 is 7,103. Regarding print #203A, an easement denial - 20 homes affected, staff noted that in discussion with Cablevision an easement permit is going to be requested by the Company to provide service to the area. It was dis- covered that a City park exists behind these properties, and the Company will attempt to obtain a permit to wire the homes using the right-of-way through this park. Company Questiona and Answers McAllister questioned the Company as to the reason why it is takit,g so long to resolve audio level problems per City consumer complaint #115. Cablevision responded that the Company is going to purchase equipment to help prevent volume deviations on the various channels. McGuire offered the information regarding volume level problems on HBO. The Company stated that all these problems should be corrected with the purchase of this equipment planned to be on line by January, 1988. There being no public comments, the meeting adjourned at approximately 9:20 p.m. The next Cable Communications Commission meeting will be held on Tues- day, November 10, 1987 at 7:30 p.m. in Room 2401 of the Civic Centar. 4d;' r Y � �L 4/� Sally Roetlle, Staff cc: Joel Asprooth, City Manager Minutes to be approved at 12/8/87 meeting Present: Absent: Staff: Cablevision: Presiding.: Minutes Minutes of the CABLE COMMUNICATIONS COMMISSION November 10, 1987 7:30 P.M. John WGuire, Marlo McAllister, Don Sampen, Ruth Smalley Jim Heard Sally Roethle Irene McPhail, Willie Edmundson, Charles Bartolotta John WGuire, Chair The minutes of the October 13, 1997 Cable Communications Commission meeting were approved as submitted. Communications: The Commission agreed to amend the agenda and consider City and Cable Company consumer complaint reports at the time the Consumer Services Report is Fre. sented under Committee Reports. Cablevision letter of !November 4, 1987 re rate increases on January 1, 1988 Chair lfcGuire noted that according to the Federal Communications Act, the City of Evanston cannot regulate rates for cable services. He stated that the letter of November 4, 1987 from Cablevision's General Manager, Irene McPhail, regarding pending rate increases is part of the process of 30 days notification to the City of rate increases or changes in subscriber services. McPhail stated that the rate increases will be effective January 1, 1988 and includes a $2 increase per month for Basic Service. She commented that this is the first rate increase in one year and that notice will be provided to subscribers in the November billing statements. McGuire noted that since he began on the Commission in the spring of 1985 that rates were at $4.50 for Basic Service, were then lowered to $2.00; there has been a 400% increase in Basic Service rates in the past A years, and an 800% increase in the past two years. He noted that this has not affected the number of subscribers. McPhail agreed and stated that this fall has seen the first growth in the number of subscribers in 2� years. McAllister requested further justification of the rate increase. McGuire stated that this is not required; that all cable companies are preempted by the Federal Law regarding rate regulations. He noted that it is within the discretion of the cable company to set rates at whatever level they choose and that the City has no authority to make any determination in this regard. Smalley asked if rate increases were effective on an annual basis. McPhail responded that the Company usually does increase rates annually as part of its process to reexamine costs. She noted that 33% of the homes in Evanston have cable; that the business is growing; that Cablevision still feels 'bullish". She stated that these rate increases are standard for all Cable Communications Comission Minutes of 11/10/87 ... 2 of Cablovision's systems in the metropolitan Chicago area. Smalley questioned whether increases are a deterrent in acquiring now subscribers, if potential subscribers ask about pending rate increases. Edmondson responded that in the past rate increases have not been a problem, that salesmen do provide information when subscribers ask about rate increases. McPhail stated that, for the most part, when the Company knows that a rate increase is pending, potential subscribers are informed prior to signing up for service. - Cablevision response to District 65 Request for Modulator Installation the November 5, 1987 letter to Dr. Iris Metts, Assistant Superintendent of School District 65, was considered by the Commission. McPhail stated that the Company has ordered a modulator per the request of the Commission and School District 65. It was noted that the expected installation date would be in January, 1988. - Staff report on Channel Realignment Roethle informed the Commission that the representatives of community channels including ECTC, Evanston Township High School, and the City have not with Cablevision's General Manager, Irene McPhail, and Assistant General Manager, Charles Sartolotta, to discuss proposed realignment of the channels on the Evanston system, including the block of coaeaunity charnels from channels 21 through 25 to 29 through 33. It was noted that the meeting was successful; that an agreement was reached by which the Company will help alleviate problems of channel realignment. Cablevision has agreed to provide the community channels with a grant to cover costs of animated logos, stationery, brochures, and editing required to change titles and closings on several hundred tapes produced by the channels. As of February 1, 1988 community channel assignments will be: Channel 29 - Citycable, Channel 30 - District 65, Channels 31 and 32 - Evanston Tbwnship High School, and Channel 33 - Evanston Community Television Corporation. Cablevision also agreed to provide an additional grant to cover the cost of an ECTC newsletter that will inform access producers, members of ECW , and community groups and organizations of the pending change in channel assignments. In addition, the Company is planning to create a cable guide wrap -around cover to highlight all the channel changes in the February Guide, contingent on negotiations regarding new programing services. Finally, the Company stated that in spring or summer of 1988 a marketing campaign is planned to distribute information about cable television to 19,000 non -subscribing households in Evanston. In this campaign, the arts, information services, educational and access programming services on Cablevision will be highlighted. Cablevision further agreed to send material in that marketing campaign regarding the ETHS Bravo Arts program, and ECTC material on its arts and recreation programming. - Commission Meeting Dates for 1988 McAllister suggested that regular monthly meeting dates be moved to the third Tuesday of the month to allow for more time to prepare and distri- bute packet material prior to meetings. Smalley moved, seconded by Samoen, to move the regular Cable Commission meeting dates to the third Tuesday of Cable Communications Commission Minutes of 11/10/87 ... 3 each month. Motion was unanimously a rpp oved. Committee Reports - Service Availability Report Sampen reviewed a memorandum submitted to the Commission at the October meeting regarding availability of cable television service to residents of Evanston. He noted that the recommendations of the report to the Commission are as follows: (1) that the Company should be asked to pro- vide information concerning service requests where service has not yet been provided. Ibis should include all requests contained in the Com- pany's "not released to sales" file. Sampan suggested that the request be identified by address and date of request, and if at all possible, keyed to the listings on the monthly Apartment Build Update report, and the monthly Construction Report provided by Cablevision. For each re- quest, to the extent possible, the reason for the Company's failure to provide service should be identified. (2) For each apartment building owner refusal, the Company should be asked to provide the Commission with a summary of communications with the apartment owner, including the date of last contact and any demands made by the owner. (3) *fhe Company should be asked to provide the Commission with a monthly update of signed contracts, identified by address and date of the signing. (4) The Company should be admonished that refusals to build, based on what it regards os "prohibitive costs" constitutes, in the Commission's view, a violation of the franchise agreement. Sampen thanked Cablevision for its timely written response to this report and these recommendations. He noted, however, that the Company's letter does point up some problems, including what may constitute a violation of the franchise agreement in certain respects; cable television service is not available to all who request it in Evanston, as required by the franchise agreement, section 19. Regarding the Company's response to the recommendations, Sampen noted that the following has been provided: (1) Cablevision has agreed to revisit all easement denials; (2) Cablevision has agreed to revisit these projects on an annual basis; (3) Cablevision has agreed to provide notice of signed contracts for releases to construct to provide cable service. He stated that the date should be reflected, and that the apartment list should have two separate categories for clarification of information in this regard. He suggested that a category for signed contracts, and a separate category for contracts in negotiation with dates included should be created so that the Commission can verify the existence of a log with the above information. McGuire stated that in the past the Commission may have been operating under a misunderstanding that the time it takes to negotiate an agreement includes getting the design, and that construction should follow immediately and opportunities to sell cable pursued. He noted that it is now his impression that the Company may take necessary steps to negotiate a contract and get a signed agreement but that a building can sit for six months to a year before any work is done. McPhail responded that the Company does have a log and works on several contracts weekly in different areas of its entire system. In-house staff and contractors are used for these projects. McPhail noted that sender "cost benefit analysis" that it can take a significant amount of time to get service available. Cable Communications Commission Minutes of 11/10/87 ... 4 McGuire stated that the Commission is still sorting through the nature of the issue and is convinced that a factual basis for making decisions on a data base are the most important requirements at this point. He suggested two scenarios: (1) the Commission could consider that all buildings in Evanston should be prewired or elsd penalties be invoked. He said that this may not be realistic. (2) If a subscriber requests service and is denied, that the Commission must hold the Cable Company accountable. He stated that a service provision lag time of six to eighteen months appears to be an indirect prevention of service. He suggested that the Company's credibility is devastated when the amount of time is so excessive. Sampen stated that the Company has agreed to provide a list of "requests for service" that are not honored and that the Company has a file which records these requests. McPhail said the research the Company has completed on "requests for service" indicates that a number are duplicative and that it is down to 68 separate requests. She further indicated that some of these individuals say have service already. McGuire asked that these re- quests be identified by date, address, with a brief explanation of why service is not available, and that a record of "requests for service" submitted to the City also be added to the list. Edmundson noted that the list has been created, however, it is by address only and that dates have not been saved. McGuire asked that the "not released to sales" file be updated monthly. McGuire noted that a signed contract agreement allows Cablevision to come into the building to wire for service, which is referred to as "right of entry contract" signed; the next step is design approval for service in a building. €dmundson responded that this comes after a con- tract has been signed and a design has been approved, then the Company can proceed with construction. !McGuire requested the following changes to the monthly Apartment List: (1) a listing of "right of entries" signed, along with the date of signature. He noted that this is the point at which the Company nego- tiates for the next step, design approval. Bartolotta suggested that the monthly list include the following categories which cover all steps involved: (1) initial request/dated; (2) right of entry approval requested; (3) right of entry approved; (4) design submitted; (S) design approved; (6) contruction; and (7) released to sales. Sampen noted that Cablevision has agreed to provide solicitation infor- mation for apartment buildings. McPhail informed the Commission that the Company has a lot of record keeping and research to do to document contracts for service. She stated that the Company is most interested at this time in moving on to current requests for service and proceeding to provide service, as requested, in buildings in which cable is available. Sampen stated that from the point of view of the franchise agreement and its provisions on availability of service, that the Commission must be concerned with request for service. If service has not been requested, he suggested that a problem may not exist, but as a practical matter "request for service" should be addressed. He stated that violation of the franchise agreement is not real unless people have requested service and service is denied. Sampen moved, seconded by ,icAl.lister, that the Cable Communications Commission Minutes of 11/10/87 ... 5 Commission formally request items in paragraph 3, page 10, of Sampen's memorandum on availability of service. In addition, the Commission will put in abeyance any finding of violation until further information is provided. In discussion, it was noted that the Company has stated its position regarding plans for future construction; that they cannot service all buildings in which cable is unavailable at this time, and that the con- struction work must justify its costs. Sampen noted that the Commission's interest is to bring service availability in Evanston. Motion approved unanimously. - Consumer Issues Report Ruth Smalley presented the report on consumer issues and reviewed the objectives and recommendations. Smalley noted that the Consumer Issues Committee has set with Cablevision to complete this report, and noted the Company's cooperation with the Committee's requests. 7be objectives of the study were as follows: to obtain from Cablevision a current ser- vice manual, including customer service policies and procedures for "par per view" requests, and services and refund policies; to create a time limit on resolution of consumer complaints; to streamline categories of consumer complaints; to add to the monthly Consumer Complaint Report from Cablevision the number of disconnects per month; and to develop and imple- ment a survey of a random number of cable subscribers regarding satisfac- tion with cable service in Evanston. Smalley noted that Cablevision has agreed to provide to City staff a current manual of procedures for customer service policies. She noted that the time limit response on complaints will include a call from the City to Cablevision when a complaint is directed to the City about cable services. The System Manager will then return a call to the customer within 24-!yours to provide notification of Company intention and action to resolve the problem. It was noted that the difficulty in resolving complaints is mainly with requests for service that is unavailable. The procedures adopted in 198S for consumer complaints will continue, which includes a written report of the complaint sent to Cablevision and re- turned by Cablevision with completed information on the way the complaint was resolved and the date. Smalley noted that it is important for customers to hear from Cablevision and this makes a great deal of difference in terms of customer relations. the objective to streamline consumer complaint reports will improve both the City and Company's monthly consumer complaint reports with the change in categories. The categories in the future will include: (1) sales/ marketing; (2) service not available; (3) installations; (4) construc- tions/restorations; (S) billing; (6) missed appointments; (7) signal quality; (8) defective equipment; and (9) system problems. Smalley stated that if it is the desire of the Commission, information on the number of rate increase complaints can also be included in the report. Smalley recommended the survey be directed to random sample of subscribers who have had service for a length of time to allow subscribers to make valid evaluations. This would include customers who have had service beyond several billing cycles, a rate increase, for which it could be assumed that a service call or request may have been made. Smalley noted that Cablevision not only agreed to consolidate categories but suggested Cable Communications Commission Minutes of 11/10/87 ... 6 the nine to be used. Rartolotta stated that the Systems Manager will follow up on actions to resolve complaints internally within 72 hours after receiving the com- plaint and having contacted the consumer. Regarding the subscriber survey, McGuire suggested that technical quality and service response time be considered as questions. The Commission unanimously approved a motion to accept and impplement the Consumer Service Report. In discussion, it was agreed that the results of the survey could be used in planning for the 1988 performance evaluation review of Cablevision's services. - Cityy/Cablevision Consumer Complaint Reports for October 1987 The consumer complaint reports from the City and Cablevision for the month of October were accepted as submitted. - System Utilization Report Marlo McAllister, Chair of System Utilization Committee, gave an overview of the System Utilization Report, and the four categories of consideration; (1) EC7C and its relationship to the Commission and the role of the Com- mission; (2) equipment utilization by institutions including basic drops, modulators and character generators; (3) channel utilization regarding how commmmity access channels are used on the system; and (4) miscellaneous, which includes interconnect and institutional network. McAllister reviewed the; written report submitted to the Commission, and noted that the work of the Committee is not yet completed. She reviewed the relationship between the Commission and ECTC, noting that the Commission has reviewed ECTC's programming plan, annual budget, and the annual report. Required communications regarding these documents have been submitted to ECTC and City Council in October, 1987 and accepted by the City Council. Regarding equipment utilization, McAllister noted that the Committee has sent a survey to all institutions for which a basic cable service installa- tion has been provided. The purpose was to determine how this free basic service package is being used, types of programing being viewed, and pro- jected uses. McAllister recommended that after preliminary review of survey responses, a letter be sent to institutions to advance use of the cable system. To those institutions without the basic service drop, the Committee recommended that a letter be sent to request redefinition of their interest in this service. A further recommendation was that Cable - vision mail the monthly cable TV guide to all institutions which have a basic service drop. The report indicated the use of modulators, in addition to the recent request from School District 65 for a modulator. Regarding character generators, McAllister briefly explained the use of a character generator for typed messages for the different community channels and reviewed the assignment of character generators according to the franchise agreement requirements. On channel utilization, the report explained how these channels are cur- rently being programmed by District 202, District 65, ECTC and the City. Cable Communications Commission Minutes of 11/10/87 ... 7 Regarding the institutional network, McAllister explained that the City is proceeding with development of a plan for use of an institutional network. Regarding interconnect, staff reported on a meeting held between Evanston ibwnship High School's Programming Director, Jerry Madden, repre- sentatives of the Skokie Cable System, and Cablevision's management and engineering staff. An agreement was reached to provide a hardware inter- connect so that residents of Skokie will receive programming from EIM through the cable system as opposed to tape bicycling system used for the past two years. McGuire suggested that the letter to the schools be submitted after a complete analysis and tabulation of the survey results to institutional users of the system. Sampan moved that the channel utilization reeort be accepted and that the Commission write a letter to ECTC. Cit42f Evanston, School Districts 202 and 65 on channel allocations, blot and staffin requesting that information be provided to the Commission. in discussion, it was agreed that the letter could help to establish a record of use and provide necessary background information in the event of future allocation requirements. Motion passed unanimously. ' 7hore being no questions and answers for Cabievision or public comments, the meeting adjourned at 9:45 p.m. The next regular meeting of the Cable Communications Commission will be held on Tuesday, 'December 8, 1987 at 7:30 p.m. in Room 2401 of the Civic Center. [ �fj �,IfIo i cc: Joel Asprooth. City Manager