HomeMy WebLinkAboutMinutes Cable Communications Commission - 06/17/2002 L
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MINUTES (611,5..
Corpus Christi Cable Communications Commission
. Corpus Christi City Hall-Council Chamber, 1201 Leopard Street =gip}' ._
J u 17, 2002 .
Committee Members Present: Charles Spencer, Hector Morales,Joel Yowell an`dSyl'_vi'a=Dancer
Time Warner Staff Present: General Manager Gordon Harp, Susan Patten, Robert Hughes,John
Bell and Paula Kolda
Clearsource, Inc. Staff Present: Becky Weaver, Clearsource, Inc.
City Staff Present: Liza Aguilar, Susan Cable, P. C. Gracia and Mark McDaniel
•
The meeting was called to order by Mr. Morales at 7:05 p.m.
The minutes of the Cable Communications Commission meeting for May 20, 2002 were approved
with a couple of corrections.
Susan Cable, Director of E-Government Services, informed the Cable Commission of a meeting
held June 10, 2002 with Channel 10 and 18 public access users to receive some feedback and
suggestions regarding the new Rules and Regulations for Public Access Cablecasting. The
meeting attracted 50 people, who had an opportunity to discuss and provide input on each line item
of the rules as Cable presented them. The new rules provide for participation, technical
standards/production rules, quality, format, labeling of tapes, program.identification, length of tape,
deadlines for submittals and scheduling rules. Also included were defined terms, method..for
amendments to the rules and procedures, as well as, procedures for violation of rules.
•
Charles Spencer asked if PAUG had re-organized as a group. Mary Beth Nelson, from the
audience, stated that there was a new group that had formed called the Nueces County Public
Access Users Group. By federal rules there is no religious access channel, there is only public
access according to Nelson. Cable added that historically in Corpus Christi there has been a
religious access user group and a-public access user group utilizing channels 18 and 10
respectively. RAUG has always used channel 18 for their religious programs.
Morales asked if programs on Channel 18 can be shown on 10 and the answer was yes. Cable
added that the new rules allow the user to decide which channel they want to utilize for their
cablecasting. Mark McDaniel said that the new rules contemplate two distinct user groups and
channels.
Yowell asked for a show of hands of PAUG and RAUG members present and approximately 50%
of each group made up the_audience at the meeting.
Nelson stated that a different corporate structure forming a legal non-profit corporation was now
available to take advice from access users. She stated that two separate groups of users on public
access would not fly on a court of law. Nelson added that the proposed rules as established by the
City staff did not meet the needs of the users. According to Nelson, the City doesn't have the right
to make the rules, since they do.not contribute to public access.
Yowell asked for public comment regarding the new proposed rules for public access cablecasting.
Marty Wynn, Catholic Telecommunication Center, told the Commission of their difficult task of
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forming rules. He urged the Commission to add a provision in the franchise that allowed for live
programming so that users would not give up their allotted time.
Morales stated that if live programming was occasional then the users time slot would not be
restricted that much. •
Spencer commented that without cameras and studio access how would live programming occur.
Wynn responded that a few entities like RAUG and First Baptist have live program capabilities.
David McBride said that Channel 18 users have had a lottery for the last 8 years and were happy.
However, Channel 10 programs deal with news and programs of immediacy. St. Paul will allow the
Nueces County Public Access Users Group to use their studio for their programs according to
McBride. This will eliminate Time Warner, Clearsource and the City from public access
responsibilities. He added that the process would be simpler and that in five days a program could
be on public access.
Yowell stated that if the City, Clearsource and Time Warner were eliminated from the process there
would be no cable commission. Yowell said the new group making rules for access users troubled
him. He said that the City would need to check out any legal ramifications and with little time to
study the last minute proposal,the Commission needed to proceed with City staff recommendations.
Lisa Aguilar, Assistant City Attorney, said that other cities have contracts with private corporations,
however the City has a provision that reserves the right to recognize those groups.
McBride said that all he meant by eliminating the entities was so that they would not have to deal
with the headaches and that they would make rules consistent with the City rules.
William Lumry stated that a non-profit was not needed because the City had been doing a good job.
He added that the provision dealing with forfeit of time slot should be solved by taking tapes to a
central place. He suggested that the Martin Luther King, Jr. holiday be included on the observed
holiday list when programming would not be shown.
Pastor Gus Gonzales stated that they were satisfied with Channel 18. Channel 18 would be willing
to take less time to allow for more programs. He asked that the religious programs be shifted from
Channel 10 to Channel 18 to eliminate problems.
George Iniquez stated that all time slots on Channel 18 were full and there was a chance of
expanding the programming time and perhaps late night programming could become available. He
urged that Super VHS be added to the allowable format since the editing machine wouldwork on
Super VHS.. The Navy uses 3/4"tape and the rules would eliminate their shows..Iniquez added that
the VHS editing machine was broken and the 3/4"machine causes damage to tapes. He suggested
that anyone filing a program complaint must be identified.
Jermone Bradford asked why the City Council had not recognized the motion made by the -
Commission at the last meeting. Spencer said that only one person of the five people he contacted
responded to seeing the motion. He added that the application form did not have an organizational
or individual slot to be checked off.
• Mary Beth Nelson said that there was a need for a non-profit corporation to iikspt'donations, a
studio and equipment. The corporation has nothing to do with doing away with the Commission
because the City Manager had already taken them out of the loop. She asked why the city staff did
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not bring up the motion made by the Commission at the City Council meeting. Nelson stated that
the proposed rules were made to micro-manage public access by staff members who do not use
equipment. Nelson said the role of the Commission was one of overseeing it and not making rules.
Nelson added that Japan had gone to its workers for ideas to find solutions to problems and that
. is what is needed here. She added that RAUG has repeats whereas RAUG does not haveas many.`
Nelson urged the Commission not to fast track the issue thatrequiresa lot of thought.
Dennis Ronald, user of Channel 18, said that everything needs to be done decently and orderly.
Dennis added that Time Warner and the City need to continue providing governing-over access and
not lose control to someone else.
Mack Aipperspach, First Baptist Church, stated he received a call regarding the formation of a public
access users group to primarily get organized. He clarified the implication of time on RAUG by
stating that they take as many people that went to cablecast. RAUG users have an initial time slot,
a second and third according to Aipperspach. He added that repeats mentioned are not repeats
but split programming slots. He added that Time Warner did not set the 8 a.m. to 10 p.m.
cablecasting time, however with new automation it could be open to change.
John Bell, Attorney representing Time Warner, said that live programming could be done with
consent of the cable providers. Bell suggested that the length rule section could say that with
consent of Cable operators to minimize blocking of program user's time. Bell also stated that Cable
operators would prefer to pick up tapes once a week or they could accept delivery. Cable operators
should not be required to pick up tapes more than once a week. Time Warner recognizes the Martin
Luther King, Jr., holiday,so Bell requested it be added to the holiday list. Bell said that Time Warner
thinks a corporation is a good idea for public access, but cautioned that public access is a
community resource by franchise and the only way to give up this valuable resource is by a tight
agreement or contract that would be fair to all.
Yowell again stated that he was troubled with a group popping up so quickly especially when dealing
with public access and freedom of speech issues.
The Cable Commission then passed the following motions during the meeting of June 17, 2002
regarding the Rules and Procedures for Public Access Cablecasting:
(1) Request that live feeds may be made in accordance with rules adopted by the Cable
Commission, with consent of cable operators.
(2) Occasional programming beyond 59 minutes (such as high school sporting events) may be
shown pursuant to rules established by the access user group with consent of cable
providers.
(3) The access users groups'will establish deadlines for pickup and delivery of tapes in
cooperation with cable operators.
(4) All applications for cablecasting must be submitted.-to.respective.cable_users group and
provide a current updated list to cable providers.
(5) If a series user fails to turn the tapes for two consecutive weeks for weekly shows or 2
consecutive months for monthly shows, the user forfeits the time slot until the next lottery.
(6) That the Martin Luther King, Jr. holiday be added to the list of holidays where no programs
will be scheduled.
(7) That the complainant's name and phone number is identified whenever a complainant brings
a rules violation for review.
(8) That the Cable Commission hear an appeal of a users group decision involving a rules
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violation within 14 calendar days from receipt by the City Secretary's Office.
McDaniel stated that any donated equipment provided to the City as per the ordinance would be
made available to the user groups during normal hours. He stated that the motion approved by the
commission was not included in the council packet, but was sent out in the City Manager's packet, .;
McDaniel added that the motion came up as a point of discussion withseveral people makinga •
point of the motion.
Spencer commented that he was disappointed that not one council member had brought up the
motion at their meeting indicating that it said alot.
The date of the next scheduled meeting was set for the 3rd Monday of August 2002.
Spencer asked about Clearsource being on track on providing public access. McDaniel stated that
the City had a commitment in writing if the Grande/Clearsource merger does not happen, that it
would be provided. McDaniel said that there is a provision that states that if the City enters into a
formal proceeding with Grande/Clearsource for contract violation for not establishing public access
within 120 days, the City has met a requirement that does not let Time Warner off the hook for not
providing public access until a resolution is reached with Clearsource.
Meeting adjourned at 9:20 p.m.
C w
Submitted by •
P. C. Gracia