HomeMy WebLinkAboutJanuary 17, 2008THE MINUTES OF THE
TELECOMMUNICATIONS COMMISSION
FROM
TIII_JIZSDAY, JANUARY 17, 2008
The meeting was called to order at 7:00 p.m. by Dennis Straik, Chairperson.
T,~T T ~ n T T - w,r__--i_-_-- rL__-___._ r~..___-:_ c~._._.t_ T~_t___.. Tl-.is.,._ T7,,... TT,...7,,, 7),.,,1-. ,.« TT.,..« Tl~„-.
1\IJLL l.L-VLL: 1V1C111UGIJ I"1GJG11L: iJG1llllS DLlUl1S, i\UUG1L rG1L1G1, i\Gll I1G11RC, 1\GUVGil 1~uct1, Latt
Swee, Brad Peterson, and Bob Buboltz
Council Representative: Bruce Nawrocki
City Representative: Linda Magee
Legal Counsel: Steve Guzzetta
Comcast Representative: Arlen Mattern
Linda was appointed Secretary Pro-Tem for this meeting.
APPROVAL OF MINUTES
Motion by Henke, seconded by Peltier, to approve the minutes of Septembe~° 20, 2007. All ayes. Motion
Passed.
OLD BUSINESS
A. Channel Check
Demlis conducted the chamlel check. No problems were found.
B. Correspondence Log and Follow Up on Complaints
Staff had not received any new complaints. However, Dan Swee reported that he recently had a very bad
customer service experience. He had broadband, Universal and phone service through Comcast. He
had scheduled an appointment for service that Comcast had to reschedule. His bill indicated erroneous
charges from what he had requested and what actually occurred. Due to his frustration in trying to get
the charges corrected, he decided to cancel broadband. His bill has still not been resolved. Arlen stated
he will provide Dan with an itemization of his billings and of the charges and credits to ensure it is
correct.
C. Status of Franchise Renewal
Linda spoke to Kathi Donnelly Cohen aild relayed that Kathi indicated that Comcast would be
submitting a renewal proposal to the City in the near future. Linda indicated that she has received the
final needs assessment conducted by Elert and Associates. This information will be used when
negotiating the franchise renewal with Comcast.
D. Other Old Business
Arlen provided a list of the service center locations that was requested at the last meeting.
TELECOMMUNICATIONS COMMISSION MINUTES
JANUARY 17, 2008
PAGE 2
NEW BUSINESS
A. Receipt of 3rd Quarter Franchise Fees
A copy of the Franchise Fees for 3rd Quarter was enclosed in the agenda packets.
B. Notice of Video Service Changes and Price Adjustments
Comcast sent a notice to the City in November regarding service changes and price adjustments that
would become effective January 2008. Details of the changes, along with a copy of the notification
that went to subscribers were included in the packets. Linda indicated that Comcast did not increase
their basic rates January 2008.
Stroik questioned the franchise fees paid on home shopping revenue and advertising sales. Why do
subscribers have to pay this? Guzzetta explained that the FCC ruled that the cable industry can do
this and that they have done so for several years.
C. Notice of Public Hearing re: Cable Rates
A copy of the Council Letter calling for a Public Hearing regarding Cable Rates calculated in
Comcast's March, 2007 rate filing was included in the agenda packets for the commissioner's
review. Staff will be requesting the Council set a Public Hearing for Monday, February 25, 2008, as
the City is a certified rate regulation authority.
D. Rate Filing of March 2007 for Basic Programming and Equipment and Installation Rates
Guzzetta presented options from which the City may, at this point, select in addressing Comcast's
rate filings:
1. Do nothing-the City would remain certified to regulate rates and could review and act on future
rate filings from Comcast, or
2. Issue rate orders preserving the City's right to the extent possible. The City would retain the
right to look at underlying data, calculations, and assumptions ul the context of a future rate
filing.
Rate Orders regarding the maximum permitted basic programming service rates as set forth in FCC
Farm 1240 (Resolution 2008-01), and the maximum permitted equipment and installation rates as
set forth in FCC Form 1205 (Resolution 2008-02) were included in the packets for the commission's
review.
Motion by Buboltz, seconded by PeteYSOn, tluzt the Coi~~~nission reco~nmetzd the City Council adopt
Resolution 2008-01 and 2008-02. All ayes. MOTION PASSED.
E. Notice re: Programming Changes
A notice was received November 15, 2007 regarding the addition of more HD programming.
F. Boards and Commission Recognition Dinner
Linda inforned members the dinner will be held April 16, 2008 at Murzyn Hall. Invitations will be
sent at a later time. A picture of the group was taken that will be displayed at the event.
TELECOMMUNICATIONS COMMISSION MINUTES
JANUARY 17, 200$
PAGE 3
~,. Other New Business
Ruen asked how long it had been since the commission changed from the Cable Commission to the
r,-, . ",,. rt~~,o,. ron
r _ x ,r____t__~,. 7_-. .. :+ 1..., ,J 7..,, .-,1 ~ ,-~ Rl1Pn cairn 1'ta ac~lPf~
ielecommumcations i,ozniiiissioii. lvicliluci~ niicw ~~ ~~au ~~~~~ ~~~..jui y~~.~. ~.u.,~~ .,u=~. --~ ~~~-~--
the question because he is aware that a new wireless system is being used between City Hall and the
new Liquor Stares, and he was surprised that the commission wasn't involved in the process. Linda
indicated that the Telecommiuucations Commission is primarily an advisory board for cable related
matters, and can be called upon on other telecommunication issues as necessary. She said she would
remind management staff of the commission's availability and willingness to serve in an advisory
capacity on other telecommunication issues.
REPORTS
A. Report of Cormnissioners
Education-Nothing to report
Library- Nothing to report
Public-Nothing to report
Government-Nothing to report
B. Report of Colncast-
The reports were included in the agenda packets for the commissioners to review. Linda stated that three
items were distributed at the meeting because they were received after the packets were sent out.
'~ Report of Cable Attonzey
Guzzetta commented on two things-FCC Orders and State Legislation.
FCC Orders were released since our last meeting and became effective December 24, 200'7. Good news
is the time clock for acting on franchises does not apply to incumbent operators, nor do limitations on
build-outs apply to incumbents. Also settlement agreements cannot be pre-empted. Local customer
service authority is not pre-empted, but must be limited to cable related issues. Government accowltiiig
principle standards do not apply to franchise fee calculations. The bad news is, it is possible that costs of
certain projects unrelated to cable can be offset by franchise fees (ex. I-Net, free and discounted service,
etc). Both orders have been challenged in court.
State Legislation-Rep. Sheldon Johnson, St. Paul, has decided to take the cable franchising issue on and
move some legislation on statewide franchising. He thinks Chapter 238 is outdated and needs revisions
in order to promote broadband deployment aizd competition. Meetings have been held on payment of
franchise fees and gross revenues, PEG issues, and build out requirements. The Cable Industry and
cities feel Chapter 238 is technology neutral and fine as drafted.
D. Report of the Assistant to the City Manager
Nothing further to report.
Motion by Henke, seconded by Buboltz, to adjourn the meeting at 8:04 pnz. All ayes.
Respectfully submitted,
Ada Magee
Secretary Pro-Tem