HomeMy WebLinkAbout1997-05-15-CAC-min.pdf Minutes of CATV Committee meeting of 5/15/97
The meeting was called to order by acting chair David Becker at 5:40 PM.
Attending Members: David Buskowski, David Kanter, Julian Bussgang, Steve Ellis,
Julie Longcope,Ted Mairson.
Cablevision: represented by Peter Atherton and John Hendricks.
Visitor: George Woodbury Lexington DPW
Steve Ellis appointed secretary du jour
Minutes of the 4/24/97 meeting were approved as read.
Julian Bussgang will be handling complaints for May
Peter Atherton reported that Marti Green, Cablevision had returned
the errata sheet. Steve Ellis was unable to confirm status prior
to meeting. He will provide definitive answer for next meeting.
David Becker reported on the Selectman's meeting of April 28.
In summarizing the various antenna issues, he was unsure of what
follow-up to the draft letters submitted by the committee. He
had requested Jane Gharibian to fcheck with Selectmen's Office.
Bussgang stated that he had been contacted by representative of
Museum of Natural Heritage(MNH)regarding a request for reconsideration.
He felt there was some confusion on the issues. Ellis had also
been contacted. He pointed out that the person from MNH was new to
the discussion and was really looking for a political means to
get the museum's request reconsidered.
Julian Bussgang reported he had received copies of 2 decisions by
State DPU holding that antennas on private property are subject to local
zoning.
An extensive discussion of OVS and Cable Franchise issues followed.
Becker started the discussion with a summary of events to date.
A short discussion of advantages and disadvantages of OVS versus
Franchise followed. Becker and other members of the negotiating team
kept the discussion fairly generic due to presence of Cablevision
representatives.A key factor mentioned repeatedly is that lack of
experience with OVS is a key issue to be addressed.
CableVision representatives presented some thoughts for committee to
consider. These included both views on what they consider as important
issues and on their contributions:
a. A committment to wire the whole town should be a priority
b. Local accountability is a key requirement. OVS may not provide
this.
c. Level playing field is serious concern
d. Cablevision has strong committment to PEG access
e. Cablevision has a committment to the schools via cable in the
classroom, free drops and service.
The discussion then moved to whether Cablevision has considered
entering the OVS field. John Hendricks stated that Cablevision
has asked for access to RCN's cable capacity in selected areas for
"specialty" offerings. RCN refused and Cablevision is appealling.
This led to Cablevision representatives pointing out that RCN is
operating in some areas without a license, which in Cablevision's
view is illegal.
Finally Hendricks pointed out there are several areas of the agreement
between RCN and Boston Edison that could be subject to challenge due to
the change in BE status from power company to communications provider.
As part of this discussion Peter Atherton reviewed the letter to the
committee (attached) outlining Cablevision's interpretation of it's
obligations under the license agreement. Several questions requested
clarifications. In particular,Atherton stated that the production
van has been purchased, and that the emergency override capability
is on hold pending an FCC decision. Becker also asked about costs
passed through to subscriber. Cablevision pointed out that this was on
a case by case basis, depending on the specifics of the license.
Ellis asked about Cablevision's rebuild plans. Atherton reported that
the design and business plan development are in progress. No specifics
or timetable is available yet.
Bussgang pointed out that "Level Playing field" is not an FCC or State
requirement but a local license requirement.
George Woodbury asked for Cablevision's reaction to a scenario where
an OVS provider would make a cash contribution to support PEG. John Hendricks
explained that there are quirks in the rules that cover negotiation of
such arrangements for support of PEG and that because of these Cablevison
would want to be involved in any discussions abbout PEG support.
Following the discussions on OVS and franchise issues,Ellis moved that
the negotiating team be charged to develop a recommendation for which
type of agreement should be pursued. David Kanter asked that the motion
be modified to include the development of a negotiating position and
specific contract or license language. The motion as modified was seconded
approved unanimously
Report from Cablevision
Peter Atherton provided a set of"as built" plans in response to the
committee's request.
The State Cable Commision has not yet responded to Cablevision's request
for confidentiality of information(Forms 200 and 400). Kanter suggested we
draft a letter to the Cable Commissioner alerting him to the impact of
the proposed action.
Drummer Boy response will be done by May 19 Peter Atherton will be
personally handling this action to insure no further delays.
Storm credits: All individuals without power during the April blizzard
must request credit. Cablevision has no way to identify individual
outages.
Rep. Jay Kaufman's cable show has received a Beacon award for public
service programming.
Other Business
Julian Bussgang and David Kanter attended the reent rate hearing.
A proposed basic rate increase of 2.4% took effect 1 May pending final
decision by commission. Lexington benefitted from having this
consolidated filing(37 towns).
Next Meeting June 19 at 5:30 PM
The meeting was adjourned at 7:20 PM
Steve Ellis,Acting Secretary for the meeting
Co-Director, Network and Data Services
Lexington Public Schools