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HomeMy WebLinkAbout1994-02-16-CAC-min.pdf CATV AND COMMUNICATIONS ADVISORY COMMT11EE TOWN OF LEXINGTON MINUTES OF February 16, 1994 The meeting began with the arrival of Peter Epstein, legal counsel. Somers of Cablevision arrived after having been requested not to attend. Warner told Somers that the Committee planned to speak with counsel on what the procedures and processes are, and how the Committee should proceed, in the renewal process. Somers had received a note to this effect but asked that in the future any important communications to him about meetings be reinforced by a call to his new assistant Cindy C. Somers had intended originally to sit in on the meeting of the Committee with Attorney Epstein, but when he noted that members were uncomfortable with him there during this consultation, he left. Epstein noted that for the Committee what the process is becomes the most important aspect at this point. Under Federal law the public must have an opportunity to participate in renewal proceedings in order to identify future community needs and review performance of the operator Accordingly, State regulations requires at least one public hearing for this purpose in both the formal and informal process. For the informal process, our time line would be 6 months from the date we choose, which is somewhat arbitrary (Probably Feb. 4, the date of the Cablevision letter that they accept informal negotiation.) After the hearing on community needs and past performance, we can begin the informal negotiations using the results of the hearing and our own 'wish list' A preliminary list had been prepared by Bussgang and Warner, but was not discussed at this Committee meeting. At this time we should inform Cablevision by letter that we are running the two processes simultaneously Epstein's opinion is that we do not need to justify our 'wish list' in the informal process, but must have backup based on ascertainment, if we, or Cablevision invoke the formal process. Mairson suggested that it would be more efficient to negotiate if someone from New York headquarters of Cablevision is involved here. (Bill Quinn ( and Sheila Mahony were suggested.) Our negotiating team should be no larger than 3 or 4 people. No lawyers should be involved in the informal (- process. We should have both "technical" people and "programming" people from the Committee represented on our team. Committee members agreed that strong support from the Board of Selectmen during the process and for completion of the renewal is essential. Epstein suggests that during the 'ascertainment' period (which would be running simultaneously with the informal process) we should try to conduct 2 public hearings (one on residential issues and another on the institutional trunk) and have several surveys completed for back-up on our requests for items in the license to be ready, when and if we switch to the formal process. During the ascertainment period there is no time line. However, we have an end line time, the license expiration date. We do not want to get into prolonged negotiations and then find ourselves with the time constraints of the formal process. In the formal process, submission of an RFP does trigger a time line which requires agreement before the deadline. However, it is possible to mutually agree to postpone the deadline. Ideally, we want to conclude the body of the negotiations within one year preceding the license expiration date. This leaves time to fine tune without putting the Committee and the Town in jeopardy of having to rush through the formal process. Epstein recommends that at any time during the informal process that the negotiations become unsatisfactory, we should invoke the formal process immediately Steps needed to be taken in the next few weeks. 1) Draft a simple letter to Cablevision on how we intend to conduct the process (informal process to begin but steps for formal process being taken simultaneously) Copy to A-R Cable Services, Inc. in Hudson. 2) Meet with Cablevision to define procedures; lawyers (Epstein) present at this meeting 3) Set up a negotiating team 4) Set up teams to prepare survey questions: a) Subscriber survey b) I-net survey - Spencer has volunteered for this c) Local programming ( LO & Access)survey 5) Designate volunteer from each survey team to coordinate with the i negotiating team 6) Schedule at least one public hearing for early April No action was taken on assigning these tasks. Bussgang reported on the hcearing to set the Basic Service Rate and equipment service charges to be conducted by the State Cable TV Commission on February 17, 1994 in the State House which he and Caleb Warner will attend. They will ask the State Commission to exclude Hanscom and Bedford channels from the number of Basic Service Channels used to establish the Lexington rates. They will also inquire when Basic Service rates became regulated in Lexington as correspondence suggested several different dates. To date we have received no response from Cablevision or from the Commission to many comments and questions we submitted as the Town's "Statement of Clarification" to the FCC Form 393 to establish the Basic Service rates filed by Cablevision. The Committee thanked Epstein for his help now and in the future. The minutes of the last meeting were approved with the insertion of 'reconditioned' in reference to equipment supplied by Cablevision. The next meeting is scheduled for Wednesday, March 9 at 5.30 pm. Respectfully submitted,subbmiittteed, lane B Gharibian, Co-Chair cc: Cablevision, Hudson office References: 1) to the requirement for public participation {Fed:47USC546(a)) 2) to the requirement for a public hearing in renewal procedure {State: 207CMR-8.03(1))