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HomeMy WebLinkAboutMinutes Cable Communications Commission - 11/17/2008 r_ E® MINUTES CABLE COMMUNICATIONS COMMISSION DEC 2 4 2008 V R EC November 17,2008 CITY SECRETARY'S OFFICE PRESENT Chairperson Connie Gutierrez,Vice Chairperson Steve West, Commissioners Carolyn Moon,Leo Estrada and Latrice Sellers ABSENT City Staff Lisa Aguilar,Assistant City Attorney,Kim Womack and Andreina Keller,Public Information Office Connie Gutierrez called the meeting to order at 12:05 noon. and verified the necessary quorum. Steve West motioned to approve the minutes from October 20, 2008, Carolyn Moon seconded the motion. All Commissioners approved. REVIEW AND POSSIBLE ACTION REGARDING VIOLATION APPEALS— a. "De Koning Ministries"— Mr. De Koning was present. Mr. De Koning stated that the lack of production date was simply an oversight and that it had been corrected in following broadcasts. Carolyn Moved to give Mr. De Koning a violation, Steve West seconded, and all approved. Mr. De Koning quested the procedure, saying that in his opinion the current process was a lot of time and paperwork. The Commission informed him that it is regulation to conduct Cable Commission as is. Mr. De Koning questioned how the rules could be changed. Latrice Sellers informed Mr. De Koning that the Commission is in the process of changing rules and procedures and encouraged Mr.De Koning to stay for the meeting, as well as to suggest any rules which he would like to see changed. Latrice Sellers offered to take suggestions that Mr. De Koning herself, or for him to give them to Jesse Nesmith in an effort to make the rules more user friendly to new producers. Mr. De Koning agreed saying that the current process made him feel as though he was a child in trouble, and that he felt things could be handled more simply. Ms. Gutierez and Ms. Moon pointed out that they want the producers to know what is going on and that's why things are the way they are, and that a violation really is not that severe a punishment as its is made out to be. Mr.De Koning thanked the Commission. b. "The Roland Garza Show"- Mr.Garza was not present at this Commission meeting, he must attend the next meeting in December in order to keep his time on the air. Since the Commission was on the topic of Mr. Roland Garza, Ms. Moon asked Ms. Lisa Aguilar about the issue from last meeting of whether or not "Tune in to 93.5 FM Radio" was considered commercial advertising or not. Ms. Aguilar informed the Commission that a legal decision had not yet been decided on that topic. c. "Half Hour of Delieverance"- Ms. Booker was unable to attend, however she sent a representative, Mr. Kurt Logan. He let the Commission know that Ms. Booker understood the violation and would try not to do it again. Carolyn Moon motioned for the second violation for this show.All approved. SCANNED d. "Mt. Olive Lutheran"- Nobody was present to appeal thus the time slot for Mt. Olive Lutheran has been forfeited for the remainder of the lottery period. e. "Golden Harvest Sanctuary"- Off air letter of notification was presented to the Commission. DISCUSSION AND POSSIBLE ACTION REGARDING UPDATING RULES AND PROCEDURES— Kim Womack gave a summary of the Rules and Procedures Sub Committee meeting held on November 6, 2008, citing that it was a productive meeting, and that staff is going line by line of the current rules with the subcommittee. Both Mr. Gordy and Ms. Latrice brought in a list of • suggestions for changes. Ms. Womack let the Commission know that it was going to be a long process and have to span several meetings. The next meeting of the subcommittee meeting shall take place on December 11, 2008 from 12:30pm to 3:30 pm. At the end of that meeting a another subcommittee meeting shall be planned for if necessary. According to procedure, after all recommendations from the subcommittee are made, they shall appear before the Commission as well as the City Council.Ms. Moon asked if the Commissioners would be able to vote on changes individually or as a package. Ms. Womack explained that as a Commission they could approve of changes however they choose, either as a packet, or individually. Mr. Gordy brought it to the attention of the Commission it was his understanding that there were to be two representatives from Channel 10 and two from Channel 18. At the meeting however, Channel 10 had two and Channel 18 only one. On votes it was Mr. Gordy's understanding that both representatives would be allowed to vote, but only he was recognized as a member of the subcommittee. He also mentioned that in his opinion the meeting would have been more productive if there were not so many verbal interruptions specifically from Ms. Sellers. Ms. Gutierrez agreed that everyone needs to respect each other in the subcommittee meeting. Ms. Sellers felt that she was being respectful and felt that she too had been interrupted during the subcommittee meeting as well. Ms. Sellers asked if there was a video of the meeting, to which Ms. Womack informed that there was only an audio recording, however their was an possibility that the staff could start recording video as well. Ms. Sellers had no problem with the idea of having the meeting recorded as there would then be documentation. Ms. Gutierrez seemed to voice interest in perhaps attending the subcommittee meeting as well, however Ms. Womack informed her that as a subcommittee there could only be two commissioners_present, otherwise the meeting would need to be posted. On the issue of respectfulness at the meeting, Ms. Womack voiced the opinion that there was little respect at the meeting overall, simply because of the passion that everyone feels towards the creation of these new rules. Compromises would have to be reached,however as a staff,they will work to bring the best product to the Commissioners. To wrap up the Commissioners agreed that there need to be two representatives from Channel 10 and Channel 18. Ms. Womack asked if the subcommittee would be able to meet in the event there were was only one representative from a channel. Mr. Leo Estradathought that maybe there should be an alternate for the Commissioners who were part of the subcommittee meeting,just incase circumstances did not allow them to be present. Ms. Moon voiced the concern that a three hour meeting was too long and that it should be reduced to one hour. Mr. West agreed that the meeting should be shortened to an hour and a half, and did not think that an alternate would work very well, simply because of the short notice that an alternate would receive if they needed to be called upon. It was decided that the meeting would be shortened to an hour and half and no alternate was assigned. .REVIEW AND POSSIBLE ACTION REGARDING CABLE OPERATOR COMPLAINTS. Ms. Tripplett was not able to attend the meeting. She did however send an email to staff relating that she is looking into the issue of audio in regards to stereo or mono broadcasts. In the past there may have been some technical issues with channel 10 changing to stereo. The item was tabled. REVIEW AND POSSIBLE ACTION REGARDING PUBLIC ACCESS COMPLANTS- Regarding the timeframe of tape returns from channel 10 to their monthly producers, it was decided that at the rules and procedures, a rule could be added saying that monthly program cds could be picked up a week after being turned in. REVIEW AND POSSIBLE ACTION REGARDING MEDIA DELIVERY LOGS— Jack brought up that he thought Channel 18's logs were incomplete. Jesse was not able to comment on this as he as not at the meeting. CABLE OPERATOR REPORT— Triplett was not able to attend the meeting. PAUG UPDATES—. Channel 10: Jack reported that channel 10 was doing well. However Mr. Gordy told the Commissioner that Roland Garza, a producer, had threatened him several times over the phone. A police report was made of the incident. Mr. Garza was scheduled to meet with the Commission about a violation,however the legitimacy of the address given to the Commission was questioned as there had been pastproblems with getting certified letters in his hands. Ms. Moon recommended sending both a regular letter and a certified letter to increase the chances of people receiving their notices. Channel 18: Jesse was not able to attend this meeting,his item was tabled. STAFF UPDATES- Staff had already spoken in length over the rules and procedures and simply wanted to let the Commission know that staff was also working at the subcommittee level.. PUBLIC COMMENT — Mr. Gordy wished to update the Commission over the Channel 10 lottery. The choosing of time slots was not decided by drawing, but instead the producers voted if they wanted to simply keep what time slots they had. According to Mr. Gordy, it was Ms. Sellers that moved the producers to the vote. Mr. Gordy raised the question of what the purpose does a commissioner serve by attending a lottery. Also Mr. Gordy claimed that Ms. Sellers spoke ill of the Cable Commission at the lottery and that it was not proper. The legality of how the channel 10 lottery was conducted was brought into question. Mr. Kurt Logan expressed his opinion that even though producers get mad or complain about violations or Mr. Gordy, the fact remains that if a producer breaks the rules, they broke the rules and there is really nobody to blame for it except the producer. COMMISSIONERS COMMENTS— Ms. Gutierrez wanted to remind the commissioners that they needed to work together and unite to do the best they can. She concluded with wishing everyone a Happy Thanksgiving Mr. Estrada was curious about getting Commissioner business cards. Mock ups of the business cards were made and passed out to the Commissioners. Ms. Sellers asked if the cards would be paid with tax payers money, the answer being yes. The business cards were to be put on the agenda for next meeting. Ms. Latrice spoke of how it was her goal to get the rules fair and consise for the betterment of the PAUG. She said that she did not speak ill of the Commissioners at the PAUG meeting. Concerning the future of PAUG, she was curious if the public access channels would remain if Time Warner went to the state. Ms. Aguilar answered with yes, saying that it would still exist under a state franchise. The current franchise agreement does not expire until 2017. She also wanted to let the other commissioners know that as a new commissioner she was going to do the right thing. She congratulated the new president elect Barak Obama and everyone who voted. Mr. West suggested that commissioners comments be related to the cable commission.Ms. Moon agreed and moved that topics in the commissioners comments only be directly related to the cable commission. There was a concern that putting restriction on comments could be too limiting. Mr. West second the motion,the motion was passed. ITEMS FOR NEXT MEETING Mr. West showed concern over how the channel 10 lottery was conducted and the legality of it. Ms. Sellers asked that the commissioners comment restrictions be put back on the agenda and that guidelines need to be created. ADJOURNMENT OF MEETING—Ms. Gutierrez adjourned the meeting. The meeting adjourned at 2:00 p.m.