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HomeMy WebLinkAbout1986 CABLE COMMISSION December 4, 1986 4:00 P.M. Mayor's Conference Room Members Present: Chairperson Dell, Ron Kemp, Ray Harris, Russell Burt, Judy Fossell, Charles Reed, W. R. Richardson, and Miriam Tyson. Members Absent: James Kvetko, Janet Walden. Chairperson Dell presented a report from Brent Zhorne, Director of Waterloo Cablevision. Dell stated that Mr. Zhorne was not feeling well that day and would not be present at the meeting. Mr. Dell continued that if you would like to review the report presented by Mr. Zhorne so that questions could be asked at the next meeting. Chairperson Dell stated that they would continue on with the unfinished business on the discussion of the Waterloo Community Schools cable hook-up. Commissioner Richardson reported that he has had several communications with Mr. Zhorne from the Waterloo Cablevision and had a meeting scheduled for the morning of December 4, but was contacted by Mr. Zhorne that he was not feeling well and could not make the meeting. Richardson stated that according to Mr. Zhorne's schedule on the hook-up of the loop system for the Waterloo schools, the Waterloo School Board is not willing to wait an additional one year as per the schedule. Richardson continued that Mr. Zhorne was working with the Waterloo Schools in helping them to be hooked up West High for the January 21st School Board meetng regarding school reorganization. Richardson stated that the decisions on which schools to hook up should be left up to the Waterloo School Board and not based on the reorganization of the Waterloo Schools. Any schools that potentially could be closed would possibly be used in other areas regardng Area VII education. Mr. Richardson stated that, in his opinion, the Cable Company could hook up other schools on their route to hooking up West High for the January 21st meeting. The schools that could be hooked up would be Irving, Cresthaven, Hoover, Kingsley and possibly West Intermediate. Commission Member Trost stated that an article in this morning' s Des Moines Register stated that the State may look at a massive study for State Education through telecommunications. She continued that if the Waterloo Cable loop system is in place in the Waterloo School District that this would allow the City to apply for grants and possibly be a pilot program for the entire State. Chairperson Dell asked if it was the consensus of the Commission that when Commissioner Richardson meets with Mr. Zhorne that Mr. Richardson request that the additional schools that were mentioned above be connected on the route to West High. Commission Member Trost stated that three (3) commission members ' teams for serving on the Cable Commission were due to run out at the end of December of 1986. Those Commission Members are herself, Ms. Walden and Mr. Richardson. It was a general consensus of the three (3) Commissioners that they would be willing to serve on the Commission for another term. This message will be forwarded to the Mayor' s Office for his consideration. Chairperson Dell asked if there were any comments regarding the telephone survey presented by Mr. Zhorne of Waterloo Cablevision. He continued that if there were no comments, that we would hold this item until the next meeting so that any questions the Commission Members may have could be answered at that time. Chairperson Dell announced that the Commission needed to consider the appointment of a new chairperson for the coming year. He stated that he would entertain any discussions regarding possible candidates for that position. A nominating committee for the position of Chairperson of the Waterloo Cable Commission was selected with the chairperson of that committee being Commission Member Trost. The nominating committee will present to the Commission at the January meeting names of Commission Members who are interested in serving as the Chairperson to the Commission. With no other business before the Commission, the meeting was adjourned. Larry P. Burger City Clerk/Auditor CABLE COMMISSION November 6, 1986 4:00 P.M. Mayor's Conference Room Members present: Chairperson Sammie Dell , Ron Kemp, Ray Harris, Russell Burt, Janet Walden, Judy Fossell, Charles Reed, Reverend James P. Kvetko, and Miriam Tyson. Members absent: Bev Trost and W. R. Richardson Others present: Brent Zhorne, Regional Manager of Waterloo Cablevision and Bob Moore, Waterloo Public Library. Moved by Kvetko, seconded by Kemp that the Agenda, as proposed, be approved. Motion carried. Brent Zhorne, Director of Waterloo Cablevision, presented to the Commission a Cablevision monthly report and ran through the details regarding said report. Mr. Zhorne also presented a bar chart showing the daily phone logs of calls coming into the Waterloo Cablevision and also a chart showing the breakdown of phone calls by types of calls. Discussion followed regarding the various charts and the reasons for certain types of calls. 4:17 p.m. - W. R. Richardson now present. Commissioner Walden questioned the Cable company's policy on a four-hour response time when a trouble call comes in. Mr. Zhorne responded that one person is on call 24 hours a day and the response time depends on the type of calls that is generated by the public. He continued that the Cable company does have the option to charge for service calls if they are from individuals that abuse the system. A question from the Commission to Mr. Zhorne regarding the affirmative action program of Waterloo Cablevision. Mr. Zhorne stated that he was unclear if there was a written affirmative action program presently at Waterloo Cablevision, but in his operation of the business, he assured the Commission that he follows strict affirmative action policies. Commission member Kvetko stated that the phone log that Mr. Zhorne had distributed to the Commission members should be continued on a weekly or monthly basis. Mr. Zhorne ran through some of the problems that the company was encountering with the Interstate Substitution program presently coming through the City of Waterloo. Mr. Zhorne continued with some of the other projects that were presently being developed by Waterloo Cablevision. The Commission questioned Mr. Zhorne regarding the possibility of an itemized bill to their customers to identify the services that the customer was paying for. Mr. Zhorne responded with the present billing company that they have employed, that would be impossible to do. Commissioner Richardson questioned the timeframe with regards to the loop that is presently being installed by Waterloo Cablevision to hook the various schools of the community together. Mr. Zhorne presented a list of the schools still on the schedule to be completed with the interconnect system and the various timeframes in which the targeted dates were proposed. Commissioner Richardson stated that the interconnect should have been completed two years ago and that Waterloo Cablevision has continued to set the schedule back as a last item on their agenda. Commission member Fossell questioned whether the Commission could pass a resolution stating to Waterloo Cablevision to complete the school system as soon as possible. CABLE COMMISSION November 6, 1986 Page 2 Chairperson Dell asked that the Commission now place on the table for discussion the Mission Statement for the Commission in the coming year. Commission member Fossell ran through the past goals that the Commission had set at the work session and ran through some of the accomplishments of the Commission in the past year. Commission member Walden suggested another working retreat to be held some time after January 1, 1987. Chairperson Dell asked all Commission members to bring their calendars of scheduled meetings to the next Commission meeting so that a tentative date for a retreat could be established. Chairperson Dell stated that his term as Chairperson is about complete and he would suggest that the Commission members be thinking about a successor for that position. With no other business before the Commission, the meeting was adjourned . Larry P. Burger City Clerk/Auditor CABLE COMMISSION MINUTES October 2, 1986 4:00 p.m. Mayor's Conference Roam Members Present: Chairperson Sammie Dell, Raymond Harris, Judy Fossell, Janet Walden, Beverly Hinders Trost, Russell Burt, W. Ray Richardson, and Miriam Tyson. Members Absent: Ron Kemp, Charles Reed and Rev. James P. Kvetko. It was moved by Richardson, seconded by Fossell, that the Agenda, as proposed, be approved. Motion carried. It was moved by Burt, seconded by Walden, that the minutes of the September 4, 1986 meeting be received and placed on file. Motion carried. Brent Zhorne, Manager of Waterloo Cablevision, presented the following report: --As a result of a recent newspaper sales promotion, free installation of cable service was extended to 219 customers. In lieu of payment for this service, the customer was asked to donate canned goods that were then given to the Cedar Valley Food Bank. --No significant communications with the Federal Communications Commission (FCC) were reported during the month. --No significant capital improvements were installed. The company has kept busy with the various road reconstruction projects as a part of the Interstate Substitution Project. --461 service calls were completed during the month mainly for technical reasons. --During the month, thirteen (13) hours of local programming were aired. There was discussion by the Commission on how requests for local access could be tracked so the Commission could get a handle on determining the kinds of assistance the Commission should be providing. --There were no signficant programming changes during the month. Brent explained that during the month of October, customers will experience "sun outages" for approximately ten (10) to twelve (12) days due to the positioning of the sun in relationship to the satellites that provide service. Each outage will be for approximately ten (10) minutes. In response to questions from Commissioner Tyson, Mr. Zhorne indicated that he would provide the Commission with an EEO report. Miriam Tyson now absent. Chairperson Dell explained the importance of having an up-to-date EEO report. The Commission questioned Mr. Zhorne regarding an update on the company's telephone system. Mr. Zhorne responded that the new phone system was placed in service approximately three (3) months ago and that he has not had an opportunity to look at the problems and possible solutions for the phone system. Commissioner Walden suggested that billings go out at various times of the month to avoid an avalanche of calls at one time. Mr. Zhorne stated that he would be doing an internal survey on the phones to identify the patterns of usage throughout the month. `. CABLE COMMISSION October 2, 1986 Page Two Mr. Zhorne stated that representatives of the Cable Company have met with Mrs. Daniels of 1520 Oriole Avenue regarding an extension of cable service to her residence. Mr. Zhorne stated that he was working out an extension to the residence without cost. He continued that in the case of the Amvets on University Avenue, this is a commercial establishment and would be charged for an extension of the cable service to the property of approximately $700 to $900. Discussion followed regarding the hook-up of the loop system with the various schools in the community. Commissioner Richardson will be working with Mr. Zhorne for coordination of this continuing effort. Commissioner Trost stated that it had been fourteen (14) months since the Cable Commission had attended a retreat for setting priorities, and would recommend a possible retreat in the future to revise and re-evaluate the purpose of the Commission. Chairperson Dell stated that "The Business of Access" Fall Midwest Regional Conference was to be held in Eau Claire, Wisconsin on October 31 - November 2, 1986. He recommended that the next chairperson of the Commission attend and possibly one other Commission member. It was moved by Fossell, seconded by Trost that the Commission recommend to the City Council that two (2) persons from the Cable Commission attend the meeting and Chairperson Dell be allowed to select the members to attend. Motion carried. Chairperson Dell called for any additional business; there was none; the meeting was adjourned. Larry P. Burger City Clerk/Auditor CABLE COMMISSION September 4, 1986 4:00 p.m. Mayor's Conference Room Members present: Chairperson Dell , Trost, Reed, Kemp, Burt, Harris, Walden, Tyson, and Kvetko. Also present: Councilperson Jim Miller, Bob Moore, Larry Burger, Bill Sueppel , and Michelle Temeyer. It was moved by Trost, seconded by Burt that the Agenda, as proposed, be approved. Motion carried. It was moved by Trost, seconded by Burt that the June and July, 1986 Minutes be approved. Motion carried. Chairperson Dell introduced the newest member of the Commission, Reverend James Kvetko. Brent Zhorne, new Regional Manager of Waterloo Cablevision Company, was introduced. Mr. Zhorne briefly explained his background in the area of communications . The Commission expressed concern about the turnover of managers in Waterloo and asked whether there were any plans for Mr. Zhorne to hold the position only temporarily. Mr. Zhorne indicated that to his knowledge, his position was being filled in a permanent capacity. There was considerable discussion about access to personnel at the company due to the telephone lines being busy. Commission member Tyson indicated that the former manager, Mike Devlin, had indicated a willingness to review the situation and have a telephone survey conducted. Mr. Zhorne reported that the May sales campaign has ended. The campaign yielded approximately 2,000 new orders. Of this amount 40% have now dropped cable service. The company is now looking at other marketing techniques including newspaper advertisement. Specifically the twelve (12) individuals conducting the campaign were not employees of Waterloo Cablevision. Rather, the company contracted for these services. Mr. Devlin, the former manager, had indicated that these individuals were employees of the company. Due to some of the sales techniques that were used, the campaign was ended. In particular, it appears that the problem with the hook-up at 1520 Oriole Avenue (which appears later on the Agenda) was in large part due to the salesmanship of the service. Preliminary investigations by the company have indicated that extension of cable services to this residence will cost approximately $900.00. Mr. Zhorne indicated that it has been the past practice of the company for the individual wishing to connect to the service to pay this fee. Commissioner Trost asked for an update on service to the Amvets Hall which was discussed during the August meeting. An update will be prepared prior to the October meeting on this matter. Commissioner Walden asked whether the company has a process of complaint handling for new subscribers. She indicated that from personal experience, no complaint procedure exists. She asked that the cable company begin work on preparing this procedure. Commissioner Tyson had indicated that Mr. Devlin had also spoken about placing a suggestion box in the lobby at Waterloo Cablevision. This will be investigated. It was moved by Trost, seconded by Harris that the complaint at 1520 Oriole Avenue and hooking up the Amvet Hall at 32 Lafayette be delayed until the October meeting at which time a full report on both incidences will be presented. Prior to a vote on this motion, Rev. Kvetko asked that the complainant at 1520 Oriole Avenue be called and told of the situation and that at least a refund of her money paid at the time of sign-up be refunded. A vote was taken of the above motion. The vote was unanimously approved. J� CABLE COMMISSION September 4, 1986 Page Two Mr. Zhorne indicated that records show that the Home Shopping Network was temporarily off the air on August 18 for twenty minutes for equipment repair. The intermittent interference that is being experienced on Channel 18, the weather station, in the Greenbrier area will be investigated by the company. Mr. Zhorne was also asked to provide an update at the October meeting concerning the hook-up of the parochial schools within the city. It was indicated that the franchise agreement was not clear as to whether parochial schools were to be hooked up at the time of installation of cable within the city. Therefore the City of Waterloo agreed to pay the cable company approximately $12,000.00 for these hook-ups. In response to a question from Commissioner Tyson, Mr. Zhorne indicated that company representatives have been conducting phone calls to customers after 5:00 p.m. There was some question as to whether the Consumer Protection Laws allow calls past 6:00 p.m. This will be investigated. The monthly report to be provided to the Commission by the Waterloo Cablevision were reviewed. There were no changes to the format other than the information will be put in a table form to provide easy reference from month to month. This table format will be provided at the October meeting. Commissioner Kemp asked that at the October meeting, the Mission Statement prepared during August, 1985 be reviewed. The next priority should be determined by the Commission at that time. Following the Commission meeting, the film entitled "After the Act" was reviewed. This is a film that summarized the contents of the Cable Policy Act of 1984 enacted by the U. S. Congress. With no further business before the Commission, the meeting was adjourned. Larry P. Burger City Clerk/Auditor CABLE COMMISSION MINUTES July 17, 1986 4:00 p.m. City Hall Council Chambers Members present: Chairperson Dell , Kemp, Trost, Burt, Walden, Harris. Cable Manager, Mike Devlin, introduced a regional manager for the Waterloo Cablevision from the Corporate Headquarters, Frank Frye. Mr. Frye stated that it was a pleasure to be at the meeting and expressed his concern for a continued cooperation between the Waterloo Cablevision and the Waterloo Cable Commission. Discussion followed regarding the number of summer disconnects, the issue on cable-ready TV sets that are sold at the appliance stores and whether these sets meet the requirements of the local cable company and the issue of the scrambling from the satellites to the local cable company for distribution to the cable customers. Mike Devlin reported that he did not bring with him the information that was requested regarding cable-ready TVs and he also stated that he would find out the amount of money that would be generated off the three percent (3%) gross revenue to the City of Waterloo with regard to the Home Shopping Network. Commission member Kemp questioned hooking up cable to the building on University Avenue that use to house the Happy Joe's Restaurant and now will house the Amvets Hall . He stated that the $1,000.00 of running the cable to building may be worthwhile and might lead to other hook-ups in the area. Mr. Devlin stated that he would be personally looking into the situation in the next few days. Mr. Devlin stated that the Waterloo Cable Company had recently hired twelve (12) new marketing personnel, including four (4) minorities. Chairman Dell stated that one of the major problems with the Waterloo Cablevision was the inability for the customers to get through on the phone lines. Discussion followed regarding the different make-ups of the phone system at the Waterloo Cablevision office. Dell suggested a possibility of putting some type of recording on the busy phones stating that the phones were tied up and they would be helped with the next available person. Chairman Dell suggested that the Waterloo Cable Company look into the possibility of offering a combination of basic and expanded service at a reduced cost over what is now offered as separate packages. He continued that persons in the community may be more willing to buy the combination package to reduce their cost for the Cablevision service. Mike Devlin stated that approximately 85% of the cable customers have basic and expanded service. He will look into the proposal by Chairman Dell and bring a report back to the Commission at their next meeting. Devlin reported that they had received 110 new hook-ups this month and that 1,400 potential customers had been contacted with a new marketing strategy. Chairman Dell suggested that a Vice Chairman of the Commission be elected in order to represent the Chairman in his absence. Dell stated that this person could chair the meeting and that the meeting should take place on a regularly scheduled time even in the absence of the Chair. Ron Kemp stated that he would volunteer to be the Vice Chairman if it did not automatically lead to being the Chairman of the Commission the following year. Discussion was heard regarding the calling of a meeting and the proposal of cancellation of meetings during the summer months. It was decided by the Commission that if there was not a quorum committed to the meeting on the first Thursday of each month that the meeting would automatically be switched to the following Thursday. It was decided that if the Clerk's office calls the Commission members to confirm their presence at the meeting and that the Commission members are unable to be reached, it is assumed that they will be present at the meeting. With no further business, the meeting was adjourned. Larry P. Burger City Clerk/Auditor CABLE COMMISSION MINUTES June 12, 1986 4:00 p.m. City Hall Council Chambers Members present: Chairperson Dell , Trost, Walden, Kemp, Harris and Burt. There were no amendments to the Agenda. The oral presentation by Waterloo Cablevision was delayed until later in the meeting. The proposed format for monthly reports from Waterloo Cablevision was discussed. Several members indicated that the report should be more specific. Chairperson Dell indicated that the Committee would be discussing later in the meeting a format for the monthly reports. Commission member Burt also indicated that he had received calls regarding the inability of customers to reach the company by phone. On occasion, several customers heard a recording. He also reiterated a problem that Mayor McKinley's secretary has had regarding buried cable within her yard and that of her neighbor. The cable manager will investigate. Chairperson Dell stated that the Commission has traditionally purchased a membership to the National Federation of Local Programmers. The annual fee is $400. It was moved by Fossell, seconded by Harris that this expenditure be approved. Motion carried. Commissioner Fossell had indicated that she had been contacted by a customer of Waterloo Cablevision concerning a service problem at 9:00 o'clock in the evening. Mike Devlin stated that service people are available until 10:00 p.m. on weekday evenings. The name of the customer was given to the manager for further review of the situation. The manager of Waterloo Cablevision showed a remote box that is now available to customers of Waterloo Cablevision at a cost of $4 per month. This item has been available for approximately four weeks in the Waterloo/Cedar Falls area with 180 households taking advantage of this box. Mike Devlin indicated that collection is becoming an increasingly large problem for the company. Currently, 4,200 households are on the list in the City of Waterloo for nonpayment. The company intends to shorten the billing time to alleviate some of this problem. A total of 1,100 accounts are delinquent on a monthly basis. The company has employed the services of Answer Iowa to answer phone calls. Additionally, the company has purchased a telecomuputer phone machine that automatically dials households with delinquent accounts. He indicated that during the special Disney promotion, 800 subscriptions were added. He also indicated that as a service to the community, information is available on VCR's as to which types are compatible with cable television. He also stated that a one-half hour program is being developed to air on Channel 2 to familiarize customers with VCR's and their capabilities with cable television. He also indicated that all advertising has been terminated and that 12 persons have been employed to go door-to-door within the community offering free installation and one month of free service for Basic Service and Showtime hook-ups. Commissioner Harris asked that the Commission be informed when promotions will be undertaken. The manager also indicated that the company will be televising weekly softball games at the Waterloo Softball Complex. The manager also relayed a problem that he has had with City officials regarding reimbursement for work being conducted in conjunction with the Interstate Substitution Program. He indicated that City officials would not seek reimbursement from the Federal Government for a bill that was incurred by the company totalling approximately $600. He asked that the Commission review the situation. Mr. Dell indicated that detail would be reviewed regarding the situation. Bill Sueppel , Assistant City Attorney, explained the Preferred Communications Lawsuit regarding Municipal Regulation of Cable Television. The background of the case was that Preferred Communications, Inc. , (PCI) was a corporation organized for the purpose for operating a cable television system in Los Angeles. PCI approached two utilities in the Los Angeles area to negotiate a lease of space on utility poles and conduits. Both utilities informed PCI that such an agreement would not be possible until PCI obtained a cable television franchise from the City. PCI then petitioned the City for a franchise. The City refused PCI 's request for a franchise because PCI had failed to participate in the franchising CABLE COMMISSION MINUTES June 12, 1986 Page Two process by the City. PCI then brought an action against the City alleging a deprivation of rights under the First and Fourteenth Amendments, as well as violations of the federal antitrust laws and various state laws. The district court found as a matter of law that the City's regulatory scheme did not violate the First Amendment rights of PCI and that the City was immune from the antitrust liability. On appeal to the Ninth Circuit, United States Court of Appeals, the Court of Appeals affirmed the District Court's decision with respect to the antitrust claims. The Court, however, found for PCI on the First Amendment claims and reversed the District Court. It should be noted that due to procedural requirements, the Court of Appeals was required to accept all factual allegations by PCI as true. Mr. Sueppel indicated that the Waterloo franchise is an exclusive franchise. Chairperson Dell asked that Commissioners report on what they would like to see in the monthly report from Waterloo Cablevision. Mr. Harris asked that the number of drops during the month be reported as well as customer requests and delinquent payments. Also that the number of complaints received both by the City and the Company be reported. He also asked that the number of hookups during the month be reported. Other items that Commission members wish to have included in the monthly report was the number of employees by the company, equipment replace- ments, promotions, revenues, and new projects. These items will be formalized and presented at the next Commission meeting. Commissioner Kemp asked that any person wishing to tour the new home of Peoples Community Health Clinic, 403 Sycamore, are welcome at any time. With no further business before the Commission, the meeting was adjourned. Larry P. Burger City Clerk/Auditor CABLE COMMISSION MINUTES May 1, 1986 _ 4:00 p.m. Council Chambers Members present: Kemp, Harris, Burt, Dell , Reed, Walden, Tyson. Chairman Dell welcomed Miriam Tyson to the Cable Commission and expressed his appreciation for her service. Four thirteen: Trost now present. Chairman Dell then asked that the floor be opened for discussion regarding the recently held public hearing at the Waterloo Library. He suggested that the commissioners give him a list of items that they felt might have been improved prior to and at the public hearing. Suggestions followed: (1) better public relations prior to the public hearing; (2) consider the time of the year, possibly Spring is a very busy time for many people in the community; (3) a notice be sent from Waterloo Cablevision with the monthly billing notifying their customers of the hearing; (4) more coverage on the local access channel of the Waterloo Cablevision; (5) place an insert in the monthly magazine that comes out to the customers of Waterloo Cablevision, (6) possibility of placing public service announcements on the radio stations in the community; (7) buying an ad on the radio and in the Waterloo Courier to help promote the public hearing; (8) notices go out from the school with the children regarding the upcoming public hearing on the Cable Commission; and (9) having Waterloo Cablevision film and broadcast the hearing live or tape for a delayed broadcast. Trost expressed her concern over the number of Councilpersons at the hearing. Trost continued that she would also like to thank Councilperson Wright for attending the public hearing. Discussion continued regarding the possibility of tying the next public hearing to an issue that might be before the Cablevision. Bill Sueppel, Assistant City Attorney, handed out a letter that the Commission had asked him to draft regarding the posssibility of amending the present Cable Ordinance and also summarizing the powers and duties of the Cable Commission. Sueppel stated that he was available for any additional assistance should the Commission require it. Chairman Dell asked that the Commission members be prepared to speak to Items No. 2-5 under powers and duties of the Commission as submitted by Mr. Sueppel . 2. Conduct public hearings when necessary to evaluate the operations of the Cable Company. 3. Enforce the provisions of the franchise and work to ensure full compliance by the Cable Company. 4. Report to the City Council on a regular basis. 5. Enforce the technical standards that are required in the Ordinance and/or work to ensure that the technology used by the Cable Company keeps pace with developments in the field of cable television. Trost asked if the manager had been notified from the Waterloo Cable Company regarding the meeting and asked Chairman Dell to contact the new manager to express the importance of the Commission meetings. CABLE COMMISSION MINUTES PAGE TWO It was moved by Trost, seconded by Kemp to reconsider the action of last month regarding the sending of Elaine Gartelos to the National Cable Convention in California in July. Prior to the vote, Trost explained that she had received a letter from Mayor Bernie McKinley regarding a Supreme Court ruling on expenditures of public funds for nonpublic purposes. Trost continued that she had met with the Mayor for approximately 15 minutes to talk over the situation of sending a non-Board member or staff member to the conference on City funds. It was moved by Trost, seconded by Burt that the motion on the floor for reconsideration be changed to strike the section regarding the payment of $350 for Elaine Gartelos to attend the National Convention and change it to designating Elaine as the official representative of the Waterloo Cable Commission. Motion carried. With no other business before the Commission, the meeting was adjourned at 5:35 p.m. Larry P. Burger City Clerk/Auditor 4 CABLE COMMISSION MINUTES April 3, 1986 4:00 p.m. Council Chambers Members present: Dell , Fossell, Trost, Richardson, Kemp, Walden, Reed, Burt, and Koch. Members absent: Harris. Several amendments were offered for the Agenda including the addition of discussion of the upcoming convention; the departure of Len Rozek as manager of Waterloo Cablevision and a general discussion on complaint procedures. The Agenda was approved as amended. Chairperson Dell announced that Len Rozek has left Waterloo Cablevision for a job in Ohio. In his absence, Kathy Welter and John McNally, business manager and engineer, respectively, of Waterloo Cablevision were present. A successor to Mr. Rozek is expected within the next month. Mr. McNally reported that within the last month a net subscriber gain of 350 had been realized. This is due in part to the door to door campaign. He presented the City of Waterloo with a check in the amount of $102,887.75 representing 3% franchise fee as specified by the ordinance. He also reported that the Disney Channel will drop in price from its current $10.95 per month to $7.95. He also stated that a free Disney weekend is scheduled for April 24-27, 1986. He also reported that the company is offering a limited number of remote converters at a cost of $4 per month. The complaint of Pat Gilbertson, 231 Hollywood Avenue, was reviewed. Her complaint was that Showtime had previously had no sporting events on its schedule. Beginning March 1, boxing has become a regular program of this channel . Mr. McNally reported that this subscriber had been given consideration on her billings of January and February to compensate. He stated that this is a scheduling change that cannot be controlled locally and was done with Showtime nationwide. The public forum scheduled for April 29, 1986 was brought to the floor for discussion. Chairperson Dell distributed a proposed format for the evening. Discussion was heard on which people would sit at the front table at the hearing. Following discussion it was recommended that the Chair and anyone else having a major role at the hearing sit at the front table. Everyone else would be disbursed throughout the audience. The Chair was given the perogative to contact board members and assign specific duties for the forum. Burt now present. Janet Walden distributed a flier that had been drawn by the students of the Commercial Art Department at the Hawkeye Institute of Technology. These will be reproduced and distributed throughout the community. Michelle Temeyer was instructed to send a letter of appreciation to the Commercial Art Department in care of the instructor, Jack Golden. Various locations for distribution of the flier were reviewed including dissemination to the Waterloo Schools, Hawkeye Institute of Technology, the Library, and various shopping areas. Other means of advertising the event will be on Channel 2, the local access channel at Waterloo Cablevision and also on KBBG Radio Station. Various City Boards and Commissions Chairs will also be informed of the hearing. The Goldwater Amendment was reviewed. After discussion it was recommended that the City Attorney's Office be asked to render an opinion as to what powers the Commission now possesses in light of the new legislation. Once and for all it was asked that this age old question be answered. CABLE COMMISSION MINUTES PAGE TWO Bev Trost suggested that the Commission consider sending Elaine Gartelos to the National Cable Convention in California in July. With her extensive work on the award winning Latchkey Program, Bev felt that the Commission should honor her with some special recogni- tion. It was moved by Trost, seconded by Koch that the sum of $350 be allocated from funds from the Commission budget to send Elaine Gartelos to this convention as the City's official representative. (The remaining cost of $350 would be sponsored by the Latchkey Coalition). Prior to a vote on this motion, Deputy Clerk Michelle Temeyer asked that an opinion be rendered by the Attorney's Office as to whether or not funds can be expended to allow someone other than a Commission or Board Member or a staff member to attend such a convention. Ray Richardson explained that this convention is an excellent learning opportunity for commission members. A vote was taken on this motion and was unanimously approved. The Chair announced that the name of Miriam Tyson has been submitted to the Council to fill the eleventh position on the Cable Commission. Her appointment will be reviewed on April 7, 1986 at the regular meeting of the Waterloo City Council . With no further business before the Committee, the meeting was adjourned. Michelle Temeyer Deputy Clerk/Auditor CABLE COMMISSION MINUTES March 13, 1986 4:00 p.m. Council Chambers Members present: Chairperson Dell, Walton, Kemp, Harris, Koch, Reed and Burt. The Agenda, as proposed, was approved. In the absence of Len Rozek, Manager of Waterloo Cablevision, no presentation was given by the company. Chairperson Dell brought to the table discussion on the public hearing which is scheduled for April 29, 1986 at the Waterloo Public Library. Mr. Dell presented a synopsis of the items covered at the February meeting as to how the Commission preceived the public hearing to proceed. Details were finalized as follows: --Commission members will be introduced as well as the Mayor and Council . --In explaining the state of the system, it should be emphasized that Waterloo Cablevision is not a public utility. --The local access channel should also be explained to the public. --It was recommended that the City Attorney be present. --It was recommended that application forms be available to any person who wished to seek a position on the Waterloo Cablevision Commission. --Publicity was discussed. Various commissioners volunteered to do various publicity items. They are as follows: Chairperson Dell will contact the Waterloo Courier to conduct a feature story; Russell Burt will coordinate the PSAs; Ron Kemp will seek an ad in The Hometowner; Bev Trost will be asked to investigate Take Five on KWWL; Janet Walden will seek the assistance of students at Hawkeye Tech to design a flyer for distribution: and Chairperson Dell will investigate advertising on Channel 2, the Local Access Channel . After discussion, the Commission members decided that each will have investigated their assigned areas and should be ready to report at the next meeting. The scheduling for each of these advertising events will be then scheduled. It was also recommended that at the public hearing future meeting dates of the Commission be available as well as all Commissioners ' names and addresses. Len Rozek will also be asked to discuss the future of cablevision. Much discusssion was heard on whether participants at the public hearing would be required to identify themselves prior to addressing the Commission. It was the consensus that the participants remain anonymous unless they wish to receive follow-up information in which case, a name, address and phone number would be necessary. Chairperson Dell stated that he would get a copy of the Goldwater Amendment to all Commissioners prior to the next meeting. He also asked that if any Commissioner saw an article that pertained to the Commission's business that it be forwarded to Michelle Temeyer. She would see that copies are distributed to the Commissioners. The next meeting of the Waterloo Cable Commission will be on April 3, 1986. It was moved by Kemp, seconded by Burt that the Commission Meeting be adjourned. Motion carried. Michelle Temeyer Deputy Clerk/Auditor CABLE COMMISSION MINUTES February 13, 1986 4:00 p.m. City Hall Council Chambers Members present: Chairperson Dell, Walden, Reed, Fossell, Koch, Burt, and Trost. The agenda, as proposed, was approved. The Chair called for oral presentations from the public and there were none. Len Rozek, Manager of Waterloo Cablevision, gave the following report: During the Christmas promotion, 3,500 lbs. of food was donated to the Cedar Valley Food Bank. The promotion resulted in a net increase of 850 additional basic customers. Waterloo Cablevision will be participating in an Explorer Scout Post that will be part of the production segment of the company. In response to an oral presentation made at the January Cable Commission Meeting by Orrin Miller, Mr. Rozek reported that the company probably will not vacate the poll as he had requested. The problem that Mr. Miller spoke to mainly concerned a neighborhood squabble of trying to deny service to his neighbors. Now present: Burt, Trost. Vern Waltman has been hired as the company's marketing manager. He will be coordinating the direct sales campaign. Approximately 31 percent of the Waterloo population has never had cable service. The promotion he will be heading is a door to door campaign. In response to questions from the Commissioners, Mr. Rozek reported that the charge that the company pays for stringing wires on Northwestern Bell phones has not changed. Commissioner Fossell asked that in the future, Mr. Rozek present numbers of subscribers to the service and any other pertinent data. Mr. Rozek also stated that as a result of the increase in rates for subscribers, the company has started to buy the needed head-in equipment; the anticipated purchase of vehicles in May; and the hiring of the new marketing manager. Chairperson Dell also asked that Mr. Rozek supply the commissioners with a schedule of the school hookups. He also stated that he was pleased with the progress that has been made on this matter. The Commission discussed the format of the public hearing that had been discussed at the August 1 , 1985 Board Retreat. Following discussion among the members on the format, the following ideas were discussed: 1 . Purpose: to inform the public; a presentation of the "state of the system" and Cable Commission's mission statement; compare and contrast the differences between the Cedar Falls Commission and the Waterloo Commission; also compare and contrast the use of the franchise fees by the City of Cedar Falls and the City of Waterloo; have available a list of Commissioner's names and phone numbers; the hearing is not to be a complaint session; also that a prepared statement should be presented by the Commission. It was thought that if 25-50 people attended the hearing, it would be considered successful; also that the hearing would not be transcribed as it is quite expensive; complaints could be received but not resolved. The complaint forms the Commission has developed would be available for use by the public as well as a calendar of future Cable Commission Meetings of 1986; individuals would be given a time limit on oral comments. ., CABLE COMMISSION PAGE TWO 2. Role of the Cable Company: It was agreed that the Cable Company should, if they desire, have a table of display literature; also Len was asked to present his perception of the future developments of the industry. It was suggested that the Waterloo Cable Commission consider video recording the hearing. 3. Role of the Mayor and Council: The Mayor and Council should be invited to the hearing and introduced at the beginning but not asked to make any formal presentation. 4. Location: It was the consensus of the Commission that the Waterloo Public Library would be ideal setting for the hearing. 5. Date: Those Commissioners present decided that Tuesday, April 29, 1986 at 7:00 pm. be established as the date for the hearing. 6. Publicizing the Event: The following were suggested as ways to advertise the hearing: The Waterloo Sunday Courier and the possibility of a feature article, the school system, posters at the Library, PSA's on local radio stations, the use of local access Channel 2 of Waterloo Cable Company, fliers, and The Home Towner. Chairperson Dell stated that he would formulate the above ideas in writing for review by the Commission at their March meeting. The last item of discussion was Commissioner's liability while serving on the Commission. Larry Burger, Clerk/Auditor, stated that the City of Waterloo carries a $1 million errors and omissions policy on all City officials including Commissioners. He reported that as individuals, they are covered for any action they may take while acting in the capacity as a Commissioner. Discussion was heard if and when a Commissioner could be sued. Mr. Burger stated that specific instances are hard to predict without knowing the exact circumstances. With no further business before the Committee, it was moved by Koch, seconded by Burt that the meeting be adjourned. Motion carried. Larry P. Burger City Clerk/Auditor Cable Commission Minutes January 9, 1986 4:00 p.m. Mayor's Conference Roan Members present: Chairperson Trost, Harris, Dell, Reed, Kemp, Burt, Fossell. Also present: Len Rozek, Councilperson Wright, Bob Moore, Bev Lind, Orrin Miller and Michelle Temeyer. It was moved by Burt, seconded by Reed that the agenda as proposed be approved. Motion carried. Under oral presentations Orrin Miller, 1920 Franklin Street, reported that in the 700 block of Archer Street, Waterloo Cablevision is using a pole that is on his property. He stated that this pole is private property and should not be used for such purposes. Len Rozek stated that he will look into this situation and report back to Mr. Miller. Len Rozek, Manager of Waterloo Cablevision, made the following report to the Commission: Joe Ganahl has left the company. He has been replaced by Mark Peters. He reported that the Christmas promotion that involved customers donating to the Food Bank for installation of various services was successful. A count of the cans collected is not yet available. The Waterloo Company will be undertaking a sales effort by selling advertising on CNN, USA, MTV, and ESPN. Anyone can advertise on any of these stations at a cost of $5.00 per 30 second spot. A sales representative will be contacting area businesses for this advertising campaign. No revenue projections have been calculated. In February non-customers will be mailed information relating to a promotion for HBO. Installation cost will be $5.00. New customers will also receive a FM travel radio. In response to various questions from the Commission, Mr. Rozek reported that they have received very little response to their recent rate increase. Some customers have dropped their level of service but very few have dropped service totally. The postcard billing that was explained at the December meeting will begin in February or Mare. Fossell now present. Chairperson Trost reported that Mayor McKinley has reappointed Ron Kemp for a term to expire December 1 , 1988. Janet Walden will be appointed to the Commission by the Mayor and Council. Larry White did not wish to retain his membership on the Commission; therefore when his term expired, he was not reappointed to the Commission. The report of the Nominating Committee was given. Mr. Dell reported that after an exhaustive search no one wished to take over the Chairpersonship. Many of the Commission members are very active on other committees and boards. Other Commissioners are new to the Commission. He opened the subject up for discussion. He stated that he was willing to serve on a temporary basis until a fulltime Chairperson could serve. Judy Fossell also agreed to serve as temporary Vice Chairperson. Following discussion Mr. Dell consented to serving the Commission for one year as Chairperson. Judy Fossell also consented to serve as Vice Chairperson. It was moved by Burt, seconded by Reed that Mr. Dell serve as Chairperson and Ms. Fossell as Vice Chairperson for Calendar Year 1986. Motion carried. Chairperson Trost handed the gavel to Mr. Dell. The next item of discussion was the scheduling of a public hearing. Mr. Dell reported that during the Commission's Retreat on August 1 , 1985 discussion was heard regarding a public hearing to receive public input. Various formats were discussed as well as a purpose and date. Mr. Dell asked all Commissioners to think about how the public hearing should be held and come with ideas at the February Commission Meeting. Cable Commission Minutes Page Two The next item was how the Cable Commission and the City Library Board could work more effectively together. The possibility of holding a joint meeting was discussed as well as equipment needs of a studio. Discussion was also heard on where funds for such a facility would originate. Mr. Moore and Bev Lind stated that the Library is willing to assist the Commission in whatever means possible but funding is limited; however, both Commissioners and staff members of the Library expressed a need for the Commission and Board to work together to efficently and effectively provide service to the community. A discussion was begun on public access but due to the lateness of the meeting, it was recommended that this item be tabled until the February meeting. With no further business before the Commission, the meeting was adjourned. Michelle Temeyer Deputy Clerk/Auditor