HomeMy WebLinkAboutMinutes Cable Communications Commission - 05/20/2002 412.92930,37
4.
MINUTES R� " � r�,u 1
J
Corpus Christi Cable Communications Commission
Corpus Christi City Hall-Council Chamber, 1201 Leopa d,Str'eet=°-':-;',
May 20, 2002 \'',0/ �s<
. . . Committee Members Present: Charles Spencer, -Hector Morales Joel Powell=antl=SiIvia
p � y
Dancer
Time Warner Staff Present: General Manager Gordon Harp, Susan Patten, Robert Hughes
John Bell and Paula Kolda
Clearsource, Inc. Staff Present: None
City Staff Present: Liza Aguilar, Susan Cable, P. C. Gracia and Mark McDaniel
The meeting was called to order by Vice Chair Yowell at 7:07 p.m.
The minutes of the Cable Communications Commission meeting for December 17, 2001 were
approved as written.
Mark McDaniel, Director of Management and Budget, made the City's presentation on the Time
Warner (TW) franchise to the Commission. McDaniel provided a brief history of the proposed
and current franchise, as well as, the transfers of owners since Athena Community TV. He also
noted the federal cable law changes.
McDaniel informed the Commission about four ordinances to City Council for approval as
• follows:. (1) Master Cable Ordinance, (2) Texas Cable Partners (TW) proposed fifteen year
franchise, (3) an amended Clearsource, Inc. franchise related to public access, and (4) a
consenting agreement related to the new Grande/Clearsource transaction. McDaniel pointed
out that the most significant change for the Master Cable Ordinance was the establishment of
new public access rules and responsibility from cable provider to the Public Access Users
Group (PAUG). He added that the Religious Access Users Group (RAUG) had set a model for
public access, so therefore, PAUG would be patterned after it.
McDaniel stated that the federal laws regarding PEG had changed and that the City could no
longer require a cable provider to maintain a studio. However, federal law still mandates that
cable providers have designated public access channels available for use.
The new provision in the TW franchise provides for a plug and play method for PEG as opposed
to having studio productions. In addition; if Clearsource fails to provide cablecasting of PEG
within 30 days, TW may cease providing public access. However, Grande/Clearsource has
agreed to provide a plug and play method, therefore PEG will be available. Spencer asked if the
current franchise agreement allowed for any operations cost charged to the 5% franchise fee
and the answer was no. Yowell asked whether advertising fees are included in the gross
revenue as part of the 5% franchise fee and the answer was yes. Susan Cable, answering
Morales question, stated that PAUG would forward any complaints to the Cable Commission
for consideration.
Mary Beth Nelson stated that PAUG has not met in two years. Cable responded that the new
rules would help set up a better organized PAUG group.
SCANNED
A
2
Spencer asked about the customer service standards in the Master Ordinance. Cable stated
that the FCC standards had been incorporated into the new ordinance. Aguilar noted that the
City would follow the FCC guidelines. Competition will address most of the customer service
standards, as well as, the self-reporting required by the FCC of all cable providers.
Yowell summarized the changes as follows: (1) that a PAUG be organized, and (2) that the .
FCC prohibits the studio requirement. Cable stated that the City had tried to negotiate with PBS
to provide alternatives, but operational costs were very high.
Cable added that the number of users using the studio, editing equipment and cameras had
been declining over time. She noted that out of 91 users, 14 utilize the studio and 7 utilize the
camera equipment.
Yowell called for public comment.
David McBride stated that he could not do his job without using the equipment.
Mary Beth Nelson stated that the first amendment prohibits freedom of speech to be restricted
by a government agency. She added that the City was limiting the ability of the people to be
heard. She stated that requiring two tapes would not make for good copies of any shows.
Editing equipment is also needed to meet the information requirements in the rules. Nelson said
that if only local production is allowed it will do away with some church programs. Nelson added
that the studio equipment was old and falling apart. She said that there was some case law
involving Cities forcing a cable company to preserve public access: Nelsonargued that if public
access went away, then only the government would have free speech
Billie Wilkerson, 910 Susan Street and Director of South Texas Politics, stated that public
access was a service for the community. She did not want to see free speech become paid
speech. She added that plug and play would deteriorate the quality of the tapes if two tapes
were required. Wilkerson stated that if the City Council requires landscaping and minority hiring
on contracts, then they should require cable companies to share studio costs.
Jose Marroquin stated that he had produced a program for over three years. He claimed that
the City was eager to delete public access channels. Marroquin said that the two-tape
requirement could not be met without the editing equipment. He stated that in Corpus Christi
only the wealthy or the government could have free speech. He urged the City to let the cable
company come together on an agreementonthe studio issue.
Armando Camina, a long time access user and producer of"Mondo Power Thoughts", stated
that TW gave a good company line, but in reality, AOL had paid too much for it; and_$200,000
looked good to the City. Mando stated that the main issue was the issue of free speech and
losing some rights down the line.
Jermone Bradford, 4805 Hamlin Drive, said that his show, Black Perspective, was two years old
and has been soaring in popularity. He stated that the use of the studio equipment had made
many people come aboard but without cameras and equipment others would not join if the
equipment was not available. He also stated that only one tape should be required.
3
Ray Madrigal, 2307 Morgan, stated that the programs should run until 10 p.m. and that
programming slots should be increased. Madrigal thought that having a new cable company
(Clearsource) in town would improve things; but they never attend the Cable Commission
meetings. He pointed out that the studio was the only source for some people to produce shows
and use the equipment. He added that if the equipment was not available, then only one tape
should be required. Madrigal also wanted Clearsource to begin programs on public access.
Roland Garza stated that the City had a history of limiting freedom of speech. He stated that
the City gives the best ammo for lawsuits. He pointed out that a council member wanted to do
away with public access, but without the studio and equipment, the City is censoring and limiting
speech. He stated that the community needed to hear the truth and the courts needed to decide
who is abusing public access. He said that TW should continue providing the studio access and
not limit free speech.
John Mares, 9625 SPID, producer of South Texas Politic for over 10 years, stated that his show
relies on access to the studio because it is the only live show on access cable. Mares stated
that without the studio they could not educate the community. He pointed out that maybe TW
was being treated unfairly because Clearsource was not providing a studio or public access
channels. V
David Noyola, County Commissioner,expressed concern for the individuals and community
parties, such as the G. I. Forum and Lulac who use public access. Noyola added that perhaps
the City could allocate some of the franchise fees to operate a studio oruse the CCISD faculties
(at Miller High School) to provide access to a studio. If the City can find monies for Laundry's .
project then they can find monies for a studio added Noyola. He said that the Mayor's show as
well as other city shows would continue but access users would not if the studio is not provided.
He thanked Spencer for voicing his concerns and asked the Commission to take a stand and
do the right thing.
Mr. Saenz, Co-Producers of South Texas Politics, stated that they did not have the money to
pay for studio time. He added that rules regarding studio use had added to the decline in its
usage. Saenz said that seven people are now required to do a show. He urged the commission
to find a solution that could be sent to the City Council.
John Bell, Attorney representing TW, 13750 Primavera, introduced Gordan Harp, TW General
Manager and Susan Patten from TW Southwest Office. He stated that it was important to keep
focus on the franchise that expired one year ago and thatwas being extended on a month to
month basis. Bell stated that PEG channels would continue to be provided and that capacity
was not an issue for additional channels for the next 15 years. Bell said that the studio was no
longer required under federal law.-Bell added that federal lawlimits franchise fees to 5%with
somecapitol requirements but no other additional requirements. In addition, Bell added that
technology now performed excellent programs that could not be provided five years ago. In
regard to Mr. Spencer's question on self-compliance on customer standards, Bell said that the
FCC or the City could perform audits, as well as, requesting copies,of any audit. Bell said that
TW is not doing away with providing access channels as required by FCC rules. He noted that
users in the Palestine, Texas case do pay for studio time. Bell also explained the difference of
a one-time contribution as opposed to a continuous cost of a studio.
4
Nelson stated that cable law allows for capitol expenses so that the $200,000 could be used for
a studio and that a pass-through fee could be used for continuous use.
Yowell stated that the main issue was the studio and to a lesser extent the two tape requirement.
Morales said that his concern was the ability to keepcitizens informed. He stated that he
wanted to insure that access channels were,available to inform citizens. Morales expressed
concern over the two-tape requirement and the ability to have editing equipment available.
Morales made a motion stating that the cable commission strongly recommends that the City
Council continue the public access channel, continue the public access studio, and revise the
proposed rule requiring two public access program tapes, and failing these changes to the
franchise, that the Council reject the franchise. Sylvia Dancer seconded the motion.
Spencer suggested that the City staff interact with PAUG to determine what they can and cannot
do.
Cable added that Citystaff conducted surveys and has been a proponent of public access
throughout the negotiating process. She pointed that they had originallysuggested a pass-
through fee but they were informed that cable subscribers did not want to pay more fees.
Morales' motion was approved by a 3 to I vote.
Meeting adjourned at 9:16 p.m.
400416410.
P. C. Gracia
Management Assistant