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HomeMy WebLinkAbout2023-11-16-CAC-minTOWN OF LEXINGTON COMMUNICATIONS ADVISORY COMMITTEE MINUTES OF THE MEETING OF NOVEMBER 16, 2023 PARKER ROOM, TOWN OFFICE BUILDING CONDUCTED BY IN-PERSON AND REMOTE PARTICIPATION 1. Call to order and roll call. Communications Advisory Committee (CAC) Chair Kenneth Pogran called the meeting to order at 6:35 PM and called the roll. The meeting was conducted in-person in the Parker Room of the Town Office Building and remotely via Zoom. Members Present In-Person: Ken Pogran, Chair; Dave Buczkowski; Nick Lauriat Members Present via Zoom: Bob Avallone; Dave Becker; Smita Desai; Dorinda Goodman; Steve Kaufman; P.K. Shiu; Rita Vachani Quorum: A quorum of members was present. Others Present: Nadine M. Tassabehji, CAC Applicant Materials Referenced: Draft minutes of the October 19, 2023 meeting; PEG Financial November Update; and Applications for Appointment to the CAC 2. Review and VOTE to approve minutes of the CAC October 19, 2023 meeting The minutes of the October 19, 2023 meeting, recorded by Smita Desai, were reviewed and approved unanimously by roll call vote, as amended. 3. Select Board liaison report – None 4. Service provider reports - None 5. Chairman’s Report: Ken Pogran a. LexMedia reports for FY 2023 and 1st Q FY 2024. Florence Delsanto could not be present due to her attendance at an industry conference in Vermont. We will review the reports at the December meeting. b. Subgroups for the next year: i. LexMedia Oversight – Mr. Avalone, Ms. Desai and Ms. Vachani ii. License Negotiating – Mr. Becker, Mr. Buczkowski and Mr. Lauriat iii. Wireless – Ms. Goodman, Mr. Kaufman and Mr. Shiu c. Cell Service – the Select Board has no power over cell service. Mr. Pogran state that he believes there’s something that can be done. Mr. Kaufman stated it’s an essential service. The CAC has no power without authorization from the Select Board. Ms. Goodman stated that the Town should go to the companies to see how it can help – maybe offering to put additional cell sites on Town buildings. Zoning is more flexible on town property. Mr. Pogran and Mr. Kaufman will try to meet with Mark Sandeen to discuss options. d. Lexington List – there have been discussions of streaming services. The question was raised as to whether the CAC should compile a list or guide to streaming services. The committee was not in favor of the idea. e. The Town received Verizon’s license expiration notification letter (so-called “626 letter”). The license expiration of the current license is 3 years from the notification. Mr. Becker suggested exploring whether the license can be extended instead of having to do a complete renewal process. Bedford is renewing in 2024. 6. Comcast Renewal License Mr. Pogran spoke with Attorney Bill August to inform him that the CAC is putting the final touches on the draft license. The main issues are the request for PEG HD channels, and the structure and amount of PEG capital. Attorney August told Mr. Pogran that as a matter of policy Comcast will give one HD channel and take away an SD channel. Comcast claims it doesn’t have the system bandwidth to send additional channels to its head end and send back down. In addition to the 5% franchise fee, a PEG capital grant can now be requested that is not subject to the 5% limit. As a reminder, Lexington is receiving $20,000 per year from Verizon as a PEG capital grant in lieu of providing an Institutional Network (I- Net). Comcast is currently paying $17,606 annually in its current license, as a specific “in lieu of I-Net” payment. Attorney August says Comcast is willing to make a PEG capital grant but wants justification to support the payment. LexMedia’s capital spending plan of $740,000 over 10 years is the justification. Comcast’s share (based on number of subscribers vs. Verizon) works out to be $12.00 per subscriber – which is more than Verizon is paying in its current license which, based on the capital plan, should be $42,000 per year. A discussion was had regarding using the formal vs. informal process license renewal process. Mr. Becker wants to include the language for a 4th PEG channel in the current license in the event the town ever needed an additional channel. Mr. August had indicated to Mr. Pogran that he prefers that the town start with the informal process. 7. PEG Finances Ms. Vachani last gave an update in June 2023. We now have a full year of data along with the 1st quarter of 2024. The spending vs. PEG revenue gap continues to widen. Projected for FY2023 was $135K and actual was $105K. All three cable providers lost subscribers. $185K is The gap (gap) between revenue and expenses projected for 2024 is $185K. Ms. Vachani noted that this assumes a 4% yearly reduction in revenue. 8. PEG Capital Funding – This item was covered during the Comcast Renewal License discussion. 9. Complaints – No complaints were reported so far in November, nor were there any in October. Mr. Becker will handle complaints for December and Ms. Vachani for January. 10. Candidates for Appointment. Mr. Sabbir Bagasrawala and Ms. Tassabehji have applied for the single opening on the CAC. The committee discussed their applications. Mr. Pogran will contact Ms. Tassabehji to see if she is still interested in being appointed to the CAC, following her attendance at the meeting. 11. Adjournment – A Motion to Adjourn was made by Mr. Buczkowski and seconded by Mr. Lauriat to adjourn at 7:45 pm Respectfully submitted, David Buczkowski Recording Secretary