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HomeMy WebLinkAbout2004-12-16-CAC-MIN Minutes of Communications Advisory Committee Meeting - December 16, 2004 Attendees: Becker, Buczkowski, Boucher, Canale, Duggan (RCN), Ellis, Kieslich, Rawson, Steel (RCN) The meeting was called to order with Kieslich as scribe. Minutes from October were approved with no comment. Comcast report: * None. Jane Lyman was not present. RCN report: * Linda Duggin, the new GM for the Boston Market was introduced. The committee or Town can feel free to contact Linda at anytime but Tom is still the front line person. Copy Linda on emails to Tom on subjects as needed. * NECN now available on channel 35. * The OK to emerge from bankruptcy was given on 12/8/04. They will have a new board, new CEO, new company by end of year. RCN Amendment Update * The RCN Amendment was presented to the Selectmen 12/8/04. The public comment period will run through 12/28. After some Q&A with the Selectmen, they were provided with a list of streets not served. In addition to ads in the Minuteman, all houses not served were to receive a postcard requesting comment. So far about 10 comments have been received. * The vote by the Selectmen on the amendment is yet to be set. * Tom updated the Committee on the status of other amendments. 90% of the towns in MA have already approved their amendments; this should be satisfactory for the bondholders. He has a "placeholder" for our check if and when the amendment is approved. * Tom reminded the Committee that RCN has been very cooperative and 1) gave the Inet discount. In addition, for the first 5 years of their contract they were to provide 5% or $50K of revenues and usually gave the Town the greater of the two. This has resulted in a "credit" for RCN of about $70,000. They had planned to draw against this credit but instead they may forego this credit. Tom will provide a letter to the Selectmen to this affect to Canale. * As a point of reference, Tom mentioned that RCN is taking its amendment with Wakefield to court since Wakefield is insisting on the buildout. * The Committee discussed possible scenerios. If pressed to complete the buildout, as with Wakefield the matter will probably go to the courts. There is a question of whether Lexington is partially responsible since the Town asked RCN to delay digging up the streets. * A discussion was had about the possible allocation of RCN amendment monies. The $6K for the Internet discount is a General Fund allocation. The $50K currently proposed would be a Selectmen Gift Account, possibly for Cable Purposes Only. The new $70K is a forgiveness of the Town's debt for PEG. It would therefore be in PEG Access account. * It was noted that prior to the Amendment comment period, no complaints were received by the Committee by the un-served 655 homes to get RCN service. In addition, Comcast serves all of these homes. * One option available to un-served homes is to get their street to pay for buildout. RCN may consider this option if 1) it is a "rationale" buildout and 2) if each house pays first $500 to buildout. It is not offering any guarantees however that even if these criteria are met, it will provide service. It will be a case by case review. Jim Baker Email Comments: * Canale was going to talk with Baker in regards to understanding more about the work of the committee and how it is conducted. LexMedia: * Presentation to Selectmen of the Interim Plan is set for 1/10/04 2004 Annual Report * Accepted without comment Cable Obligation Matrix: * W. Kofoed will work with Canale to make a matrix which 1)compares requirements of RCN and Comcast agreements and 2) details if they are being met. Town Meeting Article - Appropriation of Funds * Drafted. Canale to talk with Krieger to see if language from last year can be altered for this year. Canale to find out when submission of article is required. Financial Accounts: * There were none for review available. Reconciliation of accounts not available either due to suspension of Finance Director. * The Town has requested legal fees from the CAC budget for CAC related expenses. It was determined that the Selectmen will need to allocate the funds since 1) funds from PEG Access can not be used unless the legal fees directly pertain to PEG Access and 2) other funds available are in Selectmen Gift Account for Cable Related Purposes (about $20K). Complaints: * None. Antennas: * T Mobile has resubmitted its wireless application to add an antennae to an existing tower. Town Liaison Report: No problems to report. Old Business: Cotting School: Still being researched. The next meeting was scheduled for 6:30 on January 20, 2005 in Room 111 of the Town Hall. The meeting was adjourned at 8:50 PM. Minutes of Communications Advisory Committee Meeting - December 16, 2004 Attendees: Becker, Buczkowski, Boucher, Canale, Duggan (RCN), Ellis, Kieslich, Rawson, Steel (RCN) The meeting was called to order with Kieslich as scribe. Minutes from October were approved with no comment. Comcast report: * None. Jane Lyman was not present. RCN report: * Linda Duggin, the new GM for the Boston Market was introduced. The committee or Town can feel free to contact Linda at anytime but Tom is still the front line person. Copy Linda on emails to Tom on subjects as needed. * NECN now available on channel 35. * The OK to emerge from bankruptcy was given on 12/8/04. They will have a new board, new CEO, new company by end of year. RCN Amendment Update * The RCN Amendment was presented to the Selectmen 12/8/04. The public comment period will run through 12/28. After some Q&A with the Selectmen, they were provided with a list of streets not served. In addition to ads in the Minuteman, all houses not served were to receive a postcard requesting comment. So far about 10 comments have been received. * The vote by the Selectmen on the amendment is yet to be set. * Tom updated the Committee on the status of other amendments. 90% of the towns in MA have already approved their amendments; this should be satisfactory for the bondholders. He has a "placeholder" for our check if and when the amendment is approved. * Tom reminded the Committee that RCN has been very cooperative and 1) gave the Inet discount. In addition, for the first 5 years of their contract they were to provide 5% or $50K of revenues and usually gave the Town the greater of the two. This has resulted in a "credit" for RCN of about $70,000. They had planned to draw against this credit but instead they may forego this credit. Tom will provide a letter to the Selectmen to this affect to Canale. * As a point of reference, Tom mentioned that RCN is taking its amendment with Wakefield to court since Wakefield is insisting on the buildout. * The Committee discussed possible scenerios. If pressed to complete the buildout, as with Wakefield the matter will probably go to the courts. There is a question of whether Lexington is partially responsible since the Town asked RCN to delay digging up the streets. * A discussion was had about the possible allocation of RCN amendment monies. The $6K for the Internet discount is a General Fund allocation. The $50K currently proposed would be a Selectmen Gift Account, possibly for Cable Purposes Only. The new $70K is a forgiveness of the Town's debt for PEG. It would therefore be in PEG Access account. * It was noted that prior to the Amendment comment period, no complaints were received by the Committee by the un-served 655 homes to get RCN service. In addition, Comcast serves all of these homes. * One option available to un-served homes is to get their street to pay for buildout. RCN may consider this option if 1) it is a "rationale" buildout and 2) if each house pays first $500 to buildout. It is not offering any guarantees however that even if these criteria are met, it will provide service. It will be a case by case review. Jim Baker Email Comments: * Canale was going to talk with Baker in regards to understanding more about the work of the committee and how it is conducted. LexMedia: * Presentation to Selectmen of the Interim Plan is set for 1/10/04 2004 Annual Report * Accepted without comment Cable Obligation Matrix: * W. Kofoed will work with Canale to make a matrix which 1)compares requirements of RCN and Comcast agreements and 2) details if they are being met. Town Meeting Article - Appropriation of Funds * Drafted. Canale to talk with Krieger to see if language from last year can be altered for this year. Canale to find out when submission of article is required. Financial Accounts: * There were none for review available. Reconciliation of accounts not available either due to suspension of Finance Director. * The Town has requested legal fees from the CAC budget for CAC related expenses. It was determined that the Selectmen will need to allocate the funds since 1) funds from PEG Access can not be used unless the legal fees directly pertain to PEG Access and 2) other funds available are in Selectmen Gift Account for Cable Related Purposes (about $20K). Complaints: * None. Antennas: * T Mobile has resubmitted its wireless application to add an antennae to an existing tower. Town Liaison Report: No problems to report. Old Business: Cotting School: Still being researched. The next meeting was scheduled for 6:30 on January 20, 2005 in Room 111 of the Town Hall. The meeting was adjourned at 8:50 PM.