Minutes, Cable TV RegulatoryMINUTES OF CABLE TV REGULATORY COMMISSION MEETING
MARCH 14, 2001
CITY HALL ANNEX CONFERENCE ROOM # 2, 1300 MAIN ST,
MEMBERS PRESENT: Charles Ellis, Chairman, Ron Tigges, Walt Webster
MEMBERS ABSENT: Michael Pratt, Craig Schaefer
OTHERS PRESENT:
Kathy McMullen, AT & T Broadband
Merrill Crawford, Cable Franchise Administrator
Chairman Ellis called the meeting to order at 5:34 P.M. and welcomed Ms. McMullen back
to the table in her new position with AT & T.
1. Acceptance of the Agenda.
Upon a motion by Mr. Webster, seconded by Mr. Tigges, the agenda was accepted
as published.
2. Approval of the Minutes of the February 14, 2001 Meeting.
Upon a motion by Mr. Webster, seconded by Mr. Tigges, the Minutes of the
February 14, 2001 Commission meeting were approved as distributed.
3. Public Comment.
The Chairman noted there was no one present to address the Commission.
4. Status of Telecom Projects in Dubuque.
Mr. crawford told Commissioners of the proposed cellular telephone antenna
facility leases for the West 3rd Street water tower and for a monopole site in
Murphy Park along Highway 61/151. He also told them of the new rooftop
installation on the Clarke College campus by Iowa Wireless, of a new monopole
installation by Illinois PCS on Alliant Energy property near the intersection of the
Northwest Arterial and Asbury Road, and the status of a lawsuit which has been
filed by Illinois PCS against the Zoning Advisory Board as a result of that agency's
denial of a proposed tower site near Four Mounds.
Mr. Crawford told Commissioners that McLeodUSA has resumed the construction
of fiber optic cable, particularly a route past City Hall that will loop through the
industrial park, along Kerper Blvd. Also, officials of the Iowa Communications
Network (ICN) were scheduled to meet with City and GDDC officials later in the
week.
The Request For Proposals has finally been issued for the City government
website.
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~ 5. Franchise Renewal,
Commissioners discussed the impact of the proposed AT & T to Mediacom
franchise transfer on the franchise renewal process, and the importance of
determining whom at Mediacom will negotiate with the City going forward. They
also discussed the possibility of issuing a franchise extension of a limited number
of months while the franchise renewal negotiations continue with Mediacom.
Mr. Crawford displayed the three-ring binder, which represents the AT &
T/Medicom application for consent to transfer the franchise. He told
Commissioners that a copy had also been provided to the City Legal Department
and to our Washington, D.C. law firm for review, and that it was likely that a request
for clarification or answers to additional questions would be sent to the cable
companies for further response. In the event the City does not act upon a transfer
request within one hundred and twenty (120) days of its filing, then by federal law
the transfer is presumed approved. It was the consensus of Commissioners that
the Commission and the City Council take action to approve or disapprove the
transfer request prior to the expiration of the one hundred and twenty day period,
rather than allowing the automated approval to take place.
6, Joint Workshop with the Cable Community Teleprogramming Commission.
Mr. Ellis reported on communications he had with Jennifer Tigges of the Cable
Community Teleprogramming Commission, coordinating a date for the two
Commissions to meet together at the AT & T Broadband studio facility for a broad-
based workshop session on public, education, and government access needs in
the franchise renewal.
7. AT & T General Manager's Report.
There was no additional information to that discussed under previous items.
8. Cable Franchise Administrator Report.
Mr. Crawford told Commissioners that earlier concerns over the freezing of AT & T
funds to purchase authorized expenditures for new public access equipment,
confirmation has been received from Jon Koebrick that the access equipment
expenditures will take place at the beginning of the second quarter.
City Expo 2001 will be held the evening of April 17 at the 5 Flags Center.
Mr. Crawford told Commissioners about S.F. 168 (formerly S.F. 47) which was
currently under consideration by the Iowa Senate. He is expecting a phone call
from the bill's sponsor, Senator Mary Lunby, regarding our concerns. This bill
purports to provide "equal playing field" regulations for the granting of additional
cable television franchises. However, cities believe that the bill, as written, strongly
favors protection of the incumbent cable operator and makes competition, and the
negotiation of improvements to cable franchises, nearly impossible to achieve.
Mr. Crawford told Commissioners about his reseamh into the Iowa Competitive
Telecommunications Coalition, which had been running attack ads in Iowa
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newspapers against AT & T. By checking websites, he determined that the
Coalition's website is hosted and created by a public relations firm who has created
similar websites in a number of western and plains states and that a check of -
membership of these "coalitions" turns up one significant large business player on
all sites; Quest Communications International.
9. Future Agenda Items.
The next Commission meeting will be scheduled for Wednesday, April 11,2001,
unless the joint meeting of the two cable commissions is scheduled near that date.
10. Adjournment.
Upon a motion by Mr. Webster, seconded by Mr. Tigges, the meeting was
adjourned at 6:42 P.M.
MC/cj