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HomeMy WebLinkAboutJanuary 21,2010 minutes THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION MEETING OF THURSDAY, JANUARY 21, 2010 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Acting Chair for the start of the meeting. ROLL CALL: Members Present: Dennis Stroik, Ken Henke, Brad Peterson, Robert Peltier, Reuben Ruen, and Dan Swee. Absent Members: Bob Buboltz (Excused). Council Representative: Bruce Nawrocki City Representative: Linda Magee Cable Representative: Kathi Donnelly-Cohen Legal Counsel: Steve Guzzetta Bryan Olson, a former Columbia Heights resident, was also present at the meeting. APPROVAL OF MINUTES Motion by Henke, seconded by Peterson, to approve the minutes of November 19, 2009. All ayes. Motion Passed. OLD BUSINESS A. Channel Check The channel check was done and no problems were found. B. Correspondence Log and Follow Up on Complaints No complaints were received by the City since the last meeting. C. Status of Franchise Renewal Guzzetta reported that several meetings have taken place and they are making progress on several important issues including: 1) Competitive Equity Language 2) Cost reimbursements 3) Agreement on what is considered confidential information 4) and gross revenues. Another meeting will be scheduled for the second week of February. The Commission will be apprised of any updates. D. Other Old Business There was a discussion regarding varying volume levels on some of the channels. Kathi explained that Comcast cannot adjust the broadcast channels at all. The volume level on other channels is adjusted by an audio controller so it stays within the parameters of an established range. Kathi told members if they notice a particular commercial that is extremely loud to report it to her. She would need the specific commercial, specific show, and time so Comcast could research who was inputting it into the program. Swee also said he has noticed the audio of some programs on the access channels is very distorted. Kathi said that could be the result of a bad tape being used. There was a discussion on whether a digital receiver box would make a difference, or not. Kathi didn’t think it would have much affect one way or the other. TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 21, 2010 PAGE 2 NEW BUSINESS A. Election of Officers for 2010 Stroik asked if anyone would volunteer to be the Chair for 2010. No one stepped forward to take the position. Motion by Peterson, seconded by Henke to nominate Stroik for Chair of the Commission for 2010. Aye-Ruen, Peltier, Peterson, Henke Nay-Stroik and Swee. MOTION PASSED. D. B. Notice of 2010 Calculations of Franchise Fees and PEG Fees A notice received November 20, 2009 was enclosed in the agenda packets regarding the changes in the calculations of the Franchise Fees and PEG Fees for 2010. Kathi explained that Comcast must pay 5% on the 5% charged for the franchise fee based on a decision out of Baltimore and th the 5 Circuit Court. She noted that the franchise fees are lower for 2010 which is probably due to a lower amount of ad sales. The PEG fees are also lower than the 2009 figure. A discussion then took place on video streaming Council meetings online. Ruen thought this could be done easily. Linda stated a report was done a few years ago by our IS Department, which included estimates which were cost prohibitive. The City currently does not have the capacity nor the equipment to provide this service. Bryan Olson asked what companies the City had gotten quotes from. Linda stated she didn’t recall, and she would need to look at the report. Olson said most cities send the video to an outside service and that service would put it online. He said most cities are using Granicus and the service is expensive and not compatible with all downloading methods. He agreed that the City would need to secure updated equipment before they can even consider streaming video. He said our “tape” system is 25-year old technology and is antiquated. Linda stated she would discuss this with the current IS staff, but the priority item at this point is that we need to get a renewed Franchise Agreement in place and then update the government access equipment and system the City is currently using. C. Notice of New Location of the Richfield Service Center E. The Richfield Service Center will be re-located to 6505 Nicollet Avenue So. The new location will feature more customer service stations to provide faster customer service, free parking, and better visibility. She reminded members the closest centers to Columbia Heights are the Little Canada and Brooklyn Park locations. TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 21, 2010 PAGE 3 D. Digital Service for Standard Cable Subscribers Notice was received that customers subscribing to Basic Service 2 channels will be notified that the service is being enhanced to transmit in digital format. Customers will need to obtain digital cable boxes, or a digital adapter, or CableCARD for each television on which they wish to continue viewing Basic 2 channels. One digital box and two adaptors will be provided at no additional charge. Kathi reported the change would happen in Columbia Heights by September. She brought an adapter to the meeting and showed it to members so they could see how easy they are to hook up. She answered questions of the members for each different scenario they asked about. E. Update Service and Price List effective January 1, 2010 Notice was received November 19, 2009 regarding price adjustments for 2010 Comcast services. A copy of the notice and price list was enclosed in the agenda packets. F. Notice of Public Hearing Re: Cable Rates On or about March 1, 2009, Comcast filed with the City the FCC’s Form 1240 “Updating Maximum Permitted Rates for Regulated Cable Services” and Form 1205 “Determining Regulated Equipment and Installation Costs, Equipment Form” to set rates and justify the charges to subscribers in the City. The relevant rate period covered is June 1, 2009 to May 31, 2010. A chart showing the rates charged by Comcast effective June 1, 2009 and effective January 1, 2010 was included in the agenda packets. As part of the rate proceeding, the City must hold a public hearing. It is the City’s responsibility as a certified rate regulation authority to determine whether the basic service programming and equipment rates and installation fees comply with the FCC’s rate regulation rules, orders, and decisions. Therefore, the City Council will establish a public hearing for Monday, February 22, 2010 at 7 pm to permit interested parties an opportunity to express their views on basic service programming and equipment rates and installation charges calculated in its March 2009 rate filing. G. Rate Orders for Basic Programming and equipment and Installation Rates Copies of the draft Resolutions 2010-07 and 2010-08 were enclosed in the agenda packets for review. By approving these Resolutions, the City is allowing the rates to go into affect, but they are reserving their right to review them again at a later time as these rates could possibly affect nd future rate forms filed. The City Council will consider these resolutions at their February 22 meeting. Motion by Henke, seconded by Peltier, to recommend the City Council approve Resolutions 2010-07 and 2010-08, issuing rate orders regarding the maximum permitted rates as set forth in FCC forms 1240 and 1205 filed by Comcast on or around March 1, 2009. All ayes. MOTION PASSED. TELECOMMUNICATIONS COMMISSION MINUTES JANUARY 21, 2010 PAGE 4 H. Other Notices Received: 1) On January 13, 2010 the City received a copy of the letters being sent to subscribers re: Item “D” that tells subscribers what they need to do to continue to receive Basic 2 programming which will be changed over to a digital format. One digital box and two adapters will be provided at no additional fee. Additional adapters will be $1.99/month and additional digital set-top boxes start at $2.49 per month. 2) Copies of the letters sent to Courtesy Account Holders (Schools/Cities/Libraries) regarding the above mentioned enhancement project were received and passed out at the meeting. Information was provided to these entities to ensure they continue to receive Expanded Basic Service in the new digital format. 3) A notice was received from Comcast regarding new 3-product bundles effective March 31, 2010. The notice details the options available to subscribers. I. Other New Business None REPORTS A. Report of Commissioners Education -Dan Swee will remain the liaison. Nothing to report Library - Bob Buboltz will remain the liaison. He was not present at this meeting. Public -Reuben Ruen will remain the liaison. Nothing to report Government -Ken Henke will remain the liaison. Nothing to report B. Report of Comcast- The reports of November-December 2009 were included in the agenda packets for the commissioners to review. Kathi announced that Comcast has entered into a partnership with Symantec for use of Norton Security Suite for their Internet security system. She stated this would be announced in the papers shortly. C. Report of the Cable Attorney Guzzetta updated the members on several matters: 1) Comcast is in process of buying NBC Universal. The FCC and Department of Justice will be looking at the purchase before it will be considered final. nd 2) A 2 Notice from the funding authority processing grants for broadband reminded entities that th the grant requests are due by March 5. 3) In November 2009 the FCC issued an Order regarding Tower Sites. Some local governments were acting too slowly on approving new tower sites and therefore, creating barriers for technology expansion. The new Order requires local governments to act on requests for existing sites within 90 days and for new towers within 150 days. 4) NATOA is asking for reconsideration of certain issues of this Order. 5) Arlington, TX is suing the FCC claiming it has no authority to set the time frames as detailed in the Order. 6) MACTA has declared their Legislative principles for 2010 and Guzzetta reviewed the issues they are supporting. Linda stated that due to budgetary constraints, Columbia Heights is no longer a member of MACTA or NATOA. TELECOMMUNICATIONS COMMISSION MINUTES PAGE 5 JANUARY 21, 2010 D. Report of the Assistant to the City Manager Nothing further to report. Motion by Swee, seconded by Henke, to adjourn the meeting at 8:35 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary