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HomeMy WebLinkAboutMinutes Cable Communications Commission - 10/11/2004 0 262627,_ teoMINUTES o ��� w-' CABLE COMMUNICATIONS COMMISSION (� � � October 11,2004 1,c C '6;• ��` ►�+ � PRESENT ABSENT �� Chairman Richard Pulido,Adria Palacios, Norma Torres \s a‘' Sylvia Dancer and Juan Garcia,Jr. Li.o16 City Staff Susan Cable, Director of E-Government Services, Lisa Aguilar, Assistant City Attorney, and Holly McCarty,E-Government Services Cable Operators Paula Kolda,Time Warner Chairman Richard Pulido called the meeting to order at 6:04 p.m. and verified the necessary quorum. The minutes from September 27, 2004 meeting were reviewed and approved. Juan Garcia, Jr. motioned to approve the minutes and Adria Palacios seconded the motion. All Commissioners approved. 1. DISCUSSION AND POSSIBLE ACTION REGARDING POSSIBLE DECERTIFICATION OF NUPAC, INC. AS THE CERTIFIED CHANNEL 10 PUBLIC ACCESS USERS GROUP — Cruz Colomo stated that she has eighteen applications for Time Warner. Chairperson Richard Pulido noted that about twenty applications were still missing and still needed to be turned into Time Warner. Mrs. Colomo addressed the letter sent to her on September 30, 2004. Section 1 Rules for Participation—Item A: Failure to require signed contract from producers and submit to Time Warner for the April lottery. Mrs. Colomo stated that this issue has been cured. Item B: Using a Programming Contract and Application that is in violation of the Rules and Procedures. Mrs. Colomo stated that she received a letter from Jack Gordy stating this issue is solved. She said she needs time to find out why the application is not in compliance and she will confer with the City's Legal Department. Item C: Submitted tapes that contained commercial programming, including product promotion. Mrs. Colomo explained this issue has been going on for six years and there is no way they can watch all the tapes. She also stated that each producer is responsible for his/her own tape. Emile Bolden stated that is has been the practice that if there is a violation, a complaint comes from another producer. Mrs. Colomo stated they will then send a letter informing the producer of the violation. Item D: Submitted a program that solicits contributions on behalf of an organization that has not received tax exempt status under 501(c)(3) of the Internal Revenue Code. Mrs. Colomo stated that the "Coalition for Women"progam was the first and only tape ever made. She also stated that Mr. Gordy was the only person who complained that NUPAC is not state compliant. She said that they are in the process of working with the state to get this situation remedied. Section 2 Technical Standards and Production Requirements — Item: Submitted tapes do not conform to the technical standards and production requirements established by the FCC and Rules and Procedures. Mrs. Colomo stated that each producer is responsible for the submission of their tapes and this issue has been going on for years. Section 3 How Programs Are Scheduled — Items A, B, & C: Submitted the same program for several producers, submitted repeat tapes as originals in the same lottery period, and failed to remove programs for users who failed to supply tapes for two consecutive weeks. Mrs. Colomo SCANNED stated that she did not know what was turned in and wasn't sure what was being talked about. Juan Garcia explained to her about the list of items submitted with the letter dated September 30, 2004, from the City to Mrs. Colomo. Emile Bolden proceeded to say that he would tell Time Warner to play the tapes from the week before of the producers who did not submit a tape for the current week, so there would be no black space. Mrs. Colomo stated that if they needed to,they would pull all the tapes at the request of the Cable Communications Commission. Mr. Garcia asked if there was a procedure in place. Mrs. Colomo said no place states that the shows have to be pulled. Susan Cable stated that it is in the Rules and Procedures approved by City Council. Section 4 Defined Terms—Item: Submitted tapes that are not locally produced. Mrs. Colomo said that they cannot watch all the tapes before they are aired and stated that she only knew of one show that was not locally produced and it was a religious show. She also said that the producers know that their shows must be produced locally. Section 6 Violation of Rules — Item A: The Channel 10 PAUG/NUPAC has not updated their certified by-laws to establish procedures required to address internal complaints not covered by the Rules and Procedures, or a complaint regarding a violation of rules in Sections 2 or 3 (Mr. Jack Gordy's complaints). Mrs. Colomo stated that all letters were answered at the last meeting. She also said she has a problem with the letters being copied to City. Mr. Pulido replied that Mr. Gordy was only sending courtesy copies to the City. Mr. Gordy stated that the letters are addressed to NUPAC, Board of Directors, do Mrs. Colomo and copied the City; however, the complaint was filed when he never received a response from Mrs. Colomo. Item B: Failed to remove programs with Section 1 violations (listed above) and mail written notice of Section 1 rule violations to producer and group, via certified mail. Mrs. Colomo stated that this item goes back to the violations discussed earlier. Susan Cable stated that some of the Section 1 rules are part of the Cable Act and Federal Law also. Item C: Failed to submit a response, by email or delivered in writing,to Time Warner within seven working days regarding complaints submitted by Time Warner to Channel 10 PAUG/NUPAC. Mrs. Colomo stated that the letters were discussed at the last meeting with Paula Kolda. Chairperson Richard Pulido stated that Channel 10 PAUG has had the opportunity to justify complaints of the Rules and Regulations and the current administration has been in office for six months. He stated he felt the current administration has had ample time to work on the violations of the Rules and Procedures listed in the September 30, 2004, letter to Mrs. Colomo from the City. Mr. Pulido also stated that not turning in the applications to Time Warner is a violation of federal law,but Lisa Aguilar told him that turning in the applications is not a violation of federal law, but a violation of the Rules and Procedures. He said he had the opportunity to visit the tape process at Channel 18 and the tape process for Channel 10. He noted that when he saw the Channel 18,the producers would turn in tapes and sign the tapes in. Channel 18 would then take the box with the tapes and turn them in with no problems. However, when he witnessed Channel 10 turn in tapes to Time Warner, Mr. Bolden would turn in the box of tapes, but two Time Warner technicians would login the tapes and give copies of the log to Mr. Bolden. Mr. Pulido then stated that the technicians viewed all the tapes at the beginning and end before being aired to note possible discrepancies. Mr. Pulido asked Paula Kolda with Time Warner if the technicians were supposed to go through this process. Mrs. Kolda replied no. Mr. Pulido said he felt that was negligence on the PAUG because that is a responsibility of the PAUG, not Time Warner. Mr. Bolden stated that the process he follows is the process that has taken place for the past six years. Mrs. Colomo said that all the problems are a result of the previous administration. Mr. Pulido replied that during the previous administration he did spot checks on them also. He stressed that the main point is that there are too many violations and they continue. Mr. Garcia stated that he did not think decertification was necessary at this time because he thinks the issues could be worked out if the PAUG is given more time. Sylvia Dancer recommended decertifying the PAUG because the Channel 10 PAUG had been told several times to hold a membership meeting and no meeting has yet been held. She also stated that they should be decertified because of all the violations of the Rules and Regulations. Mr.Pulido stated they are sending a profound message to all non-profit organizations, that they will not tolerate leniency to the Rules and Procedures established by the City. Mrs. Colomo stated that there is a criminal investigation against some of the people in the meeting and if the Cable Commission decertified them, it would look like intimidation. She also said that this is obstruction of justice and the City will have a lawsuit on their hands and she will get all the news media involved. Mr. Pulido said that in September they were given thirty days,and then given an additional two weeks to resolve and provide additional information to the Commission. Mrs. Colomo explained that she has not been able to hold an official meeting since she has taken office. She also said that she has been communicating with Time Warner by phone since she was elected president. She then stated that if she does not do her job by October 28, then she would resign. Mr. Pulido said he was ready to make a decision on whether to decertify the PAUG. He stated he has spent many hours trying to investigate what is going on and why the council is being bothered. He also said that he understands that if the PAUG is decertified, that the Commission would have to take on the additional responsibilities. He has the utmost respect for Mrs. Colomo, but he feels this PAUG has too many discrepancies and feels the Commission should take control of the current situation. Chairperson Richard Pulido motioned to decertify the Channel 10 PAUG based on the conditions of the Rules and Procedures that have been violated for the past several months. Sylvia Dancer seconded the motion. Commissioners Richard Pulido, Sylvia Dancer, and Adria Palacios voted to decertify and Commissioner Juan Garcia voted not to decertify. 2. REPORT FROM CABLE OPERATOR—Paula Kolda, Time Warner, said she can appreciate the stress and difficulty the Commission has had to deal with. She thinks there are a lot of issues that need to be cleared between the PAUG and the City and that there are too many producers who are confused about the issues. 3. REPORT FROM CHANNEL 10 PUBLIC ACCESS USERS GROUP—No report. 4. PUBLIC COMMENT — Jack Gordy stated that he knows decertifying the Channel 10 PAUG was a difficult decision by the Cable Communications Commission, but stated that the Channel 10 PAUG was told on several occasions to hold a membership meeting and none was held. Roland Garza stated that the producers were not given any honesty from the leaders of Channel 10 PAUG and a vast majority of the producers just want their tapes to be aired. Bob Klepac wanted to clarify that Mrs. Colomo is still President of NuPAC, not Channel 10 PAUG. Mr. Pulido recommended to Commissioners that forms need to be revised including the Rules and Procedures. He stated he will know by Wednesday where the new tape drop-off located will be. Juan Garcia suggested putting a PSA on Channel 10 to inform producers of new pickup location. 5. COMMISSIONERS COMMENTS — Juan Garcia noted that he does not see any reason why property owners in Corpus Christi cannot produce a show. Sylvia Dancer thanked everyone for coming and hopes that a new PAUG will be developed soon. Richard Pulido noted that he has the utmost•respect for Mrs. Colomo, but this decision was necessary because the program was not working. 6. ADJOURNMENT—Sylvia Dancer moved to adjourn the meeting and Juan Garcia seconded the motion.All Commissioners approved. The meeting adjourned at 7:52 p.m.