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HomeMy WebLinkAboutJAn 15, 2009 minutes THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, JANUARY 15, 2009 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Members Present: Dennis Stroik, Robert Peltier, Reuben Ruen, Ken Henke, Brad Peterson, and Dan Swee. Excused Members: Bob Buboltz Council Representative: Bruce Nawrocki City Representative: Linda Magee Comcast Representative: Kathi Donnelly-Cohen Legal Counsel: Steve Guzzetta APPROVAL OF MINUTES Motion by Peltier, seconded by Ruen, to approve the minutes of May 15, 2008. All ayes. Motion Passed. OLD BUSINESS A. Channel Check Stroik conducted the channel check. No problems were found. B. Correspondence Log and Follow Up on Complaints th Complaint from Ron Cadieux of 667 45 Ave from July 2008 was included in the agenda packet. His complaint related to confusion about being charged for the Sports Tier when he was unaware he had it, even though he admitted watching some of the programming offered in that tier. Comcast agreed to credit him 6 months worth of service. He expected more than 2 years of credit. A copy of the letter he was sent was included for the commissioners to review. C. Status of Franchise Renewal Guzzetta reported that Comcast submitted a Draft Agreement to the City in September 2008. Walt, Linda, Bruce Nawrocki and Legal Counsel have met to go over the proposal and to gain input from staff. Guzzetta is working on a response that he should have to city staff by next week. Once it is reviewed and finalized, it will be submitted to Comcast. Bruce Nawrocki asked what type of additional comments were submitted by staff. Linda stated most of the comments were from The Public Works Director regarding Right of Way matters. She will forward the comments to him. TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 15, 2009 PAGE 2 D. Various Notices Received in 2008 Since the Commission has not met since May 2008, copies of various notices received in 2008 were included in the agenda packets. These included the following: 1. May 20, 2008-Addition of CSPAN3 and Fuse. 2. July 11, 2008-Addition of Big Ten Network and Music Choice to Basic service tiers. 3. July 17, 2008-News release regarding agreement to reduce online child pornography. 4. August 28, 2008-Notice to subscribers regarding policies and procedures for service and equipment. 5. September 22, 2008-Notice of channel line up changes. 6. September 30, 2008-Notice that VersusHD will replace MOJO. 7. October 22, 2008-Improvements to high-speed internet service. 8. November 13, 2008-Notice of updated billing statement. 9. December 4, 2008-tpt Kids being discontinued. C. Other Old Business *Guzzetta asked if there was still a problem with Video On Demand. Kathi reported it was determined that it was a vendor problem and that it is being addressed. She stated that only some subscribers experienced problems, it was not system wide. *There was a discussion regarding those customers that are hooked up to Universal Service and whether a digital converter box would be needed when the change over takes place. Kathi told members that those customers would need to have a digital box in order to receive the network stations. NEW BUSINESS ndrd A. Receipt of 2 & 3 Quarters, 2008 Franchise Fees ndrd A copy of the Franchise Fees for 2 & 3 Quarter 2008 were enclosed in the agenda packets. B. Notice of New HD Triple Play Packages Notice was received regarding new HD triple play packages being offered to customers starting December 8, 2008. Comcast is also changing the name for the Digital Premier Service to Total Premium. Kathi reported the packages have been well received with many customers subscribing to them. 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, 2008 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 9, 2009, as the City is a certified rate regulation authority. A comparison of the maximum permitted rates, to the actual rates were included in the agenda letter. TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 15, 2009 PAGE 3 D. Rate Orders of March 2008 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 in the context of a future rate filing. Rate Orders regarding the maximum permitted basic programming service rates as set forth in FCC Form 1240 (Resolution 2009-05), and the maximum permitted equipment and installation rates as set forth in FCC Form 1205 (Resolution 2009-06) were included in the packets for the commission’s review. Motion by Henke, seconded by Peterson, that the Commission recommend the City Council adopt Resolution 2009-05 and 2009-06. All ayes. MOTION PASSED. A. Notice of Price Adjustment Effective January 1, 2009 for Video Services Notice of the price adjustments effective January 1, 2009 for various video services and packages were included in the packet. Increases averaged about 2.9% over last year’s prices. These increases do not affect the basic programming and equipment rates that are the rates the City can regulate. B. Notice of Price Adjustments effective January 1, 2009 for High Speed Internet Notice of price increases for High Speed Internet Service effective January 1, 2009 was included in packet. G. Other New Business 1) Also brought to member’s attention was a notice dated January 6, 2009 regarding changes being made by Twin Cities Public Television regarding tpt Create and tpt Life. Comcast also informed the city that beginning January 21, 2009 a new subscription video on demand service called “Disney Family Movies” will be available as an option on Comcast On Demand Channel 1. 2) Notice was received that HBO has given permission for its coverage of the “We Are One” Inaugural kick-off celebration event on January 18, 2009 to be broadcast to all Comcast subscribers at no extra fee. 3) Kathi told members that Smart Zone will provide a new home page for internet access users. 4) Nawrocki told members the City is possibly looking at getting a new phone system since the one currently in use is out of date and parts are getting hard to find. Since they will be seeking proposals for the phone system at the new Public Safety Building, they are contemplating replacing the entire system at the same time. If any of the members have any suggestions or comments he would like them forwarded to Bill Elrite as he will be the one making a recommendation to the Council on hiring a consultant to guide staff on this matter. TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 15, 2009 PAGE 4 Linda said they are considering a voice over IP system which drew comments from the members. Guzzetta told Linda to have Mr. Elrite contact Terre Heiser from the City of Roseville since he just recently went through this process and he should be able to provide invaluable information. 5) Stroik reported he has experienced problems with his TV, DVR, and VCR locking in on the correct time. Time differences occur which affects recording programs. Kathi has never heard of this type of complaint before and does not have an explanation for it. REPORTS 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 of May 2008-December 2008 were included in the agenda packets for the commissioners to review. Kathi answered questions from the members regarding outages and equipment problems. She also included a listed Definition of Terms for reference. Henke questioned the reason for a drop in the telephone service level stats. He wondered if the calls were being outsourced to another country. Kathi stated that all the calls are handled locally and if the volume becomes such that they are outsourced, it is done within the US. C. Report of Cable Attorney Nothing further to report. D. Report of the Assistant to the City Manager Nothing further to report. Motion by Henke, seconded by Ruen, to adjourn the meeting at 7:50 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary