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HomeMy WebLinkAboutMinutes Cable Communications Commission - 09/22/2003 X32 3031 7P MINUTES �� s • CABLE COMMUNICATIONS COMMISSION September 22,2003 , N �� ��� 03 PRESENT ABSENT c 0*c4 0 o . Chairperson Norma Torres, Sylvia Dancer,and Richard Pulido Joel Yowell and Hector' ales Ci Staff 181[t91.0•v ty Susan Cable,Director for E-Government Services, and Lisa Aguilar,Assistant City Attorney Cable Operators Paula Kolda,Time Warner and Michelle Johnson,Grande Communications . Chairperson Norma Torres called the meeting to order in the Council Chambers of City Hall.at 7:00 pm. and verified the necessary quorum. The minutes from the August 25, 2003 meeting were considered. Richard Pulido made a motion to approve the minutes, seconded by Sylvia Dancer. The motion passed. Chairperson Norma Tones requested that anyone wishing to speak under Public Comment sign the Public Comment Form on the table by the entry to the Council Chambers. 1. APPOINTMENT OF CHAIR AND VICE CHAIR — Motion was passed to elect Richard Pulido as Chairperson and Norma Tones as Vice Chairperson. Chairperson Richard Pulido then presided over the remainder of the meeting. 2. GUIDELINES FOR COMMERCIAL PROGRAMMING - Lisa Aguilar reviewed the Guidelines Concerning Advertising of Commercial Products or Services that were adopted by the Cable Communications Commission in April 1995. These guidelines address advertising material designed to promote the commercial sale of products or services, including audio and video material, identification of products/services, providers/sellers, contacts and prices. The guidelines also address display of signs, including character-generated information,product displays and labels. Time parameters and endorsements are explained in the guidelines, as well as lottery information and obscene or indecent matter. The Commissioners directed City staff to update the current ordinance,deleting sections"Guidelines Concerning Advertising by or on Behalf of Candidates for Public Office," "Matters Concerning Use of TCI Equipment and Facilities,"and other references to TCI, and to distribute the updated Guidelines to public access users. Mrs. Tones commented that she was glad we reviewed the written guidelines for commercial programming and that they would be helpful to each producer(Agenda, 1-19-04). 3. PROPOSED AMENDMENT OF ORDINANCE SECTION 2-182 — Motion passed to approve the proposed ordinance amending Section 2-182 of the Code of Ordinances, Duties as follows: "(13) To resolve disputes concerning program content, allocation of access funding, channel space, and channel time :.• : •_ . _ . .. . •_ . - _. .•. _• . • . _• ' •_ Commissioners directed City staff to submit as a City Council agenda item for approval. 4. RECOMMENDATIONS FOR• AMENDMENTS TO THE PUBLIC ACCESS RULES AND PROCEDURES FOR CABLECASTING — Susan Cable reviewed City staff recommendations for amendments to Section 6 of the Rules and Procedures, addressing complaint processes and time lines for violation appeal hearings. Producer Mark DiCarlo requested that wording be included to allow Users to respond in writing or presentation to complaints against them. Commissioner Sylvia Dancer requested that the name, address and telephone number of the complaining party be required. Producers indicated that two working days was more reasonable than 24 hours for a User of Access User Group Board of Directors to submit a complaint regarding a cable provider. Chairman Richard Pulido expressed concern about completing the agenda and the time that would be needed to review additional recommendations from Time Warner and the Channel 10 PAUG Board of Directors. Cable indicated that the Channel 10 PAUG officers suggested establishing a committee with representatives from both access user groups. After discussion, Commissioners tabled the item until Ms. Cable conducts a meeting with Channel 10 and Channel 18 Users SCANNED to consolidate recommendations,present them for review by cable operators and then bring them back to the Cable Communications Commission. (Agenda,1-19-04). ' 5. COMMUNICATION TO CHANNEL 18 PAUG REGARDING BY-LAWS AND OFFICERS—Susan Cable reviewed a letter she sent to the President of the Channel 18 PAUG requesting that the group update their by-laws to include the new Rules and Procedures. Ms.Cable indicated she had not received a response to the letter and, although a request had been made to have representation at the September 22, 2003 meeting, no one from Channel 18 was present. Ms. Cable indicated she would follow-up on the by-laws update(Agenda,1-19-04). 6. DRAFT CABLE COMMUNICATIONS COMMISSION FLIER AND PUBLIC COMMENT FORM Susan Cable reviewed a flier that explains the role and responsibilities of the Commission,indicating that an Internet web page also could be developed, and the Public Comment Form to be used by individuals wishing to address the Commission during Public Comment. 7. REPORT FROM CABLE OPERATORS—Michelle Johnson from Grande Communications reported on the build-out that is now in the Everhart, Ayers, and Kostoryz area. Additions to the channel line-up are planned. Ms. Johnson indicated that Grande employees participated in Kids Café, providing seed money. Grande sponsored the VIP reception for Bayfest and participated in the recent Home Show. Paula Kolda of Time Warner reported that they will be offering more on-demand channels and added Spanish language stations. The Public Broadcasting System will initiate digital transmission for those with high definition television. Time Warner is a sponsor of Media Literacy, providing teacher materials for a TEA-approved course, was a major sponsor of the Home Show, and brought in Nickelodeon for Bayfest. Ms.Kolda complemented Time Warner employees,who recently raised$4,000 in a local heart walk. Time Warner is working with the Economic Development Corporation and the Hispanic Chamber of Commerce to develop public service announcements. 8. PUBLIC COMMENT—The following Channel 10 public access producers spoke: Jerome Bradford saluted Channel 10 PAUG NuPAC president Bob Klepec, and indicated he was proud of the schedule and the good things Bob had done. Mr. Bradford stated that sometimes there were problems with the tape drop-off. Jeanette Logan indicated she wanted to talk about dismissing officers. Roland Garza stated that his Civil Rights Show deals with the truth. He has visited the studio and itlooks great. Mr. Garza said he was somewhat embarrassed by some of the items that are going to the Cable Communications Commission and that,at some point,the producers need to learn to get along. Mr. Snead stated that Beverly Winters was treated unfairly,that no officers came and helped her, and that it was racism. Mr. Snead said that Ms. Cable was wrong in saying that,after Robert Hughes left,there was no one able to train producers on the equipment. K.D. Logan stated that Bob Klepec did a great job with the studio, but that management was different than leadership. George Iniquez indicated that sometimes it was difficult to control advertising shots when producing on location. Mr.Iniquez stated that the Channel 10 PAUG NUPAC officers were not being respected. 9. COMMISSIONERS COMMENTS: Chairperson Richard Pulido adjourned the meeting to reconvene in 10 minutes to begin the hearing. 10. ADJOURNMENT at 8:50 p.m. v ' S • MINUTES CABLE COMMUNICATIONS COMMISSION HEARING ON PUBLIC ACCESS VIOLATION APPEALS September 22,2003 PRESENT ABSENT Chairperson Norma Tones, Sylvia Dancer,and Richard Pulido Joel Yowell and Hector Morales City Staff Susan Cable,Director for E-Government Services, and Lisa Aguilar,Assistant City Attorney Chairperson Richard Pulido called the hearing to order in the Council Chambers of City Hall at 9:00 pm. and verified the necessary quorum. Three producers had submitted violation appeals to the City Secretary's Office as required by the Rules and Procedures for Public Access Cablecasting. Producers Mark Di Carlo, Emile Bolden and Jerome Bradford appealed Notices of Violation sent to them via certified mail on September 1, 2003 by the officers of the Channel 10 PAUG for the following violations: "1) a party to a meeting that violated by-laws of NuPAC Inc.; 2)Failure to report to Officers of NuPAC Inc. attempted break-in at Studio by Ron Byers a Non-member; and 3) Failure to report to Officers of NuPAC Inc.the accusations made towards an officer of NuPAC Inc." Mr. Di Carlo, Mr. Bolden, and Mr. Bradford addressed the Commission and explained reasons that they believed the violations should be dismissed, with discussion focusing on a meeting held by some producers outside the public access studio located at 4531 Ayers. The producers indicated they thought there was a scheduled board meeting and that they had a right to convene. They also indicated they did not witness an attempted break-in to the studio. The Commission discussed whether Commissioner Sylvia Dancer should abstain from voting since she attended the meeting in question,and determined that it was not necessary. The Commission voted in favor of dismissing the first violation item on issues of technicality because of the way it was written. The Commission voted in favor of referring the second and third violation items to the City, since it involved legal issues related to the public access studio and the City/Channel 10 PAUG contract. The hearing was adjourned at 10:20 p.m.