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HomeMy WebLinkAboutMay 20, 2004THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, MAY 20, 2004 The meeting was called to order at 7:05 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Excused Members: Council Representative: City Representatives: Legal Counsel: Comcast Representative: APPROVAL OF MINUTES Dennis Stroik, Reuben Ruen, Dan Swee, and Bob Buboltz. Ken Henke, Dave Mahoney, and Brad Peterson Bruce Nawrocki Linda Magee and Jean Kuehn Steve Guzzetta Kathi Donnelly-Cohen Motion by Dan Swee, second by Bob Buboltz, to approve the minutes from the meeting of February 19, 2004. All ayes. OLD BUSINESS A. Channel Check The scrolling TV Guide was jittery on Channels 16 & 18. Kathi stated that a time base corrector is needed and will see that it is done. B. Correspondence Log and Follow Up on Complaints Kathi Donnelly-Cohen reviewed the history of the following complaint received from Mr. Cleasby. He was very upset that Corncast was not broadcasting the Twins Games. He has contacted everyone he can to voice his displeasure. This is no longer an issue as the games are now being broadcast on Fox. Kathi also responded to another complaint received regarding the need to change out the old style converter boxes. Letters were sent to those still using these old boxes. One of the recipients was confused about whether she had to also subscribe to digital service if the box is changed out. And no costs were included in the letter. Kathi will see that she is contacted and everything explained to her. C. Other Old Business There was no other old business. TELECOMMUNICATIONS COMMISSION MINUTES PAGE 2 MAY 20, 2004 NEW BUSINESS A. Addition of NBA TV Service Beginning April 1, 2004, Comcast added NBA TV to its digital line up. It will be included as part of the Digital Extra package and subscribers will be notified with their monthly statements. In addition, by year end, Comcast will provide customers with access to NBA video-on-demand programming as part of its On Demand service. This will include highlight packages as well as popular programs such as NBA Inside Stuff. B. Franchise Renewal Enclosed in the agenda packets was a copy of the Resolution concerning the commencement of formal renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. Our franchise is scheduled to expire on November 9, 2006 and we received a letter dated February 3, 2004, from Comcast preserving their right to invoke the formal renewal procedure as required. This Resolution, once passed by City Council, will start the process of negotiating the franchise renewal. It is hoped that this process can be accomplished through an informal negotiation process. There was a difference of opinion between Kathi Donnelly-Cohen and our legal counsel, Steve Guzzetta about whether this Resolution would constitute the beginning of a "Formal Process" and thus, initiate certain timelines and steps that would need to be met. Guzzetta said this Resolution was just the City's response to begin the process and to preserve the City's rights to a formal renewal procedure, if need be. He said there are no time lines for the informal process, and it basically is a time to negotiate an agreement. If it is decided to pursue an agreement through the "formal process", hearings would be held, and a request for a proposal would be made. Regardless, whether we go through the informal process or formal process, community needs and interest would be ascertained, along with assessing compliance of the current franchise. Bruce Nawrocki asked that some clarification be given to the Council members at the time this is taken to the Council for a vote. He wants it clear to both parties whether this is invoking the "Formal Process" or just a response saying we are commencing renewal and are open to pursuing a franchise through informal negotiations. Motion by Bob Buboltz, seconded by Dennis Stroik to recommend the City Council approve the Resolution concerning the commencement of formal renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. All ayes. Motion Passed. C. FCC Fee Increase Enclosed in the agenda packets was official notice that the per-customer fee assessed by the FCC will increase from $.OS to $.06 per month and as directed by the FCC, customers will receive a bill message 30 days prior to that change. TELECONLYIUNICATIONS COMMISSION MINUTES PAGE 3 MAY Z0, 2004 D. Annual Report Enclosed in the agenda packets was the 2003 Annual Report along with the Independent Auditor's Report regarding the schedule of gross receipts. Linda stated she also had a copy of the Comcast Corporation's Annual Report if anyone wished to review it. Motion by Reuben, seconded by Bob, to accept the Annual Report. All ayes. E. Pricing Adjustments effective June 2004 Official notice was received regarding price adjustments effective June 2004 for those subscribers of Basic 1 only who have converter boxes. The price of this service level and equipment will decrease from $2.00 to $1.30 effective with the June billing. F. Franchise Fees for ls` Quarter 2004 Franchise Fees in the amount of $33,742.86 were received April 20, 2004, for the first quarter. G. CableCare/Cable Guard Starting in May a limited number of customers will be notified that the price of their old CableCare service will no longer be grandfathered in at $1.95 and will increase to $2.95. H. MACTA Newsletter A copy of the MACTA Newsletter was enclosed in the agenda packets for the members to review. Members reported they do receive this either by mail or e-mail so there is no need to include in future packets. I. Other New Business Bruce Nawrocki reported on the MACTA Luncheon he attended May 20`h. He informed the members that the Clean Up Bill (Chapter 238) was passed which will clean up the old language and create a chapter that will be more pertinent for future technology. Bruce had a copy of the bill if anyone wants to review it. Steve Guzzetta also informed the members that there was some discussion regarding Voice Over the Internet Protocol and how telephone service over cable service could be affected. If it is considered an information service and not a telecommunication service, is will not be regulated. And there are some drawbacks to this type of service. 911 loses the ability to trace emergency calls. It also could result in a loss of revenue. The capabilities of security and wiretapping may be prohibited. And Universal Service for no fees would be in jeopardy. TELECOMMUNICATIONS COMMISSION iV1INUTES PAGE 4 ~1AY 20, ?004 REP®RTS A. Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report B. Report of Comcast- The reports for February-March ?004 were reviewed. Comcast now has customer service representatives on staff who can help customers who speak other languages. C. Report of the Cable Attorney Guzzetta briefly updated members on other various bills that were proposed relating to the Cable Industry. He explained some of the lobbying that went on during the session. D. Report of the Assistant to the City Manager Nothing further to report. Motion by Reuben Ruen, seconded by Bob Buboltz, to adjourn the meeting at 7: SO pm. All ayes. Respectfully submitted, Shelley Hanson Secretary