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Minutes Cable TV Reg 11 14 01MINUTES OF CABLE TV REGULATORY COMMISSION MEETING NOVEMBER 14, 2001 CITY HALL ANNEX CONFERENCE ROOM # 2, 1300 MAIN ST. MEMBERS PRESENT: Charles Ellis, Chairman, Ron Tigges, Walt Webster, Michael Pratt MEMBERS ABSENT: One seat remains vacant on the Commission. OTHERS PRESENT: Kathy McMullen, General Manager, Mediacom Merrill Crawford, Cable Franchise Administrator Chairman Ellis called the meeting to order at 5:30 P.M. and welcomed Mr. Pratt who had been reappointed to the Commission by the City Council. Mr. Pratt noted that he had not yet been sworn in by the City Clerk and would therefore refrain from voting during the current meeting. 1. Acceptance of the Agenda. Upon a motion by Mr. Webster, seconded by Mr. Tigges, the agenda was approved as distributed. 2. Approval of the Minutes of the March 14, 2001 Meeting. Upon a motion by Mr. Webster, seconded by Mr. Tigges, the Minutes of the March 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 reported that twenty-seven new cellular or PCS wireless telecommunication sites have been established within the city limits since the Tower Ordinance was passed in 1999, with a net gain of only three communication towers. He brought Commissioners up-to-date on the new sites established since their last meeting, and focused particularly on the monopole telecommunication site erected over the summer and fall by Telecorp in Murphy Park. He told Commissioners there was no new development on the second Illinois PCS lawsuit, challenging the City's refusal to permit a telecommunications tower near the Four Mounds property along Roosevelt Avenue. He also suggested that the first co- Iocator for the Murphy Park tower and a possible arrangement to replace an existing radio tower along Cedar Cross Road were likely to occur in the near future. Mr. Crawford and Mr. Tigges informed Commissioners about the new wireless networking and Intemet access project by YouSquared of Dubuque. 3. = Mr. Crawford reported there had not been much new construction of cable or fiber distribution networks within Dubuque, with the notable exception of McLeod's fiber extension to the McGraw Hill area along Kerper Blvd. and to City Hall. Mr. Crawford told Commissioners that the new digital telephone system for City buildings was now installed and in use, although some billing and records problems continue between Qwest and McLeodUSA. He also told Commissioners of progress in the City's plan to include empty communication conduit in every section of city streets, which are reconstructed, and in new streets which are built. Finally, Mr. Crawford reported on the progress of the City website, including the hiring of Woodward Internet Services (WINS), the gathering of data and digital files from City departments, and the plan to unveil the new website at City Expo in the eady spring. Franchise Renewal. Mr. Crawford led Commissioners through the various key steps that had taken place since the March meeting. These included the analysis of Mediacom's financial, legal, and technical qualifications to take over the AT & T Broadband franchise, the June approval of the City Council for the transfer of that franchise to Mediacom, the July completion of the acquisition of all Iowa AT & T Broadband systems by Mediacom, and the September approval of the City Council to extend the Mediacom franchise to June 30, 2002. He also reported on preliminary meetings, which had been held with Mediacom officials and with City attorneys and consultant Tom Robinson of CBG Communications. CBG will be coordinating a sedes of surveys, focus groups, and other instruments in the ascertainment study of future cable-related needs, with particular emphasis on PEG access, the institutional network, and residential customers. Mr. Crawford noted that as this ascertainment takes place, he may need assistance of various Commissioners to help with information gathering, community organization contacts, etc. Mediacom General Manager's Report. Ms. McMullen told Commissioners that she was pleased to be back working for the cable operations in Dubuque, but that her position was now as an area manager, including Clinton and northern Illinois, as well as Dubuque. She reported on upgrades to the systems in Maquoketa and in other areas and assured Commissioners that the financial difficulties of Excite @Home would not terminate high-speed cable modem service to Mediacom customers. She told Commissioners that East Dubuque will shortly be linked to the Dubuque headend across the Julien Dubuque Bridge, and the features of Dubuque, including @Home service, would be then offered to East Dubuque. Similar expansion is planned for Dyersville, Farley, and Epworth. In response to a question from Mr. Tigges, Ms. McMullen assured Commissioners there is no freeze on the adding of new broadband Internet accounts. There was a one-week freeze temporarily because of problems at @Home. 2 m = Mr. Pratt asked Ms. McMullen to check on the consistency of audio levels and poor audio quality on Channel 21. Cable Franchise Administrator Report. Mr. Crawford and Ms. McMullen briefed the Commissioners on efforts to resolve a problem with past collection of Iowa sales tax on Intemet services delivered by cable. The status of the law had changed and interpretation from the Iowa Department of Revenue had changed on more than one occasion with the apparent result that some amounts of sales tax had been collected inappropriately on the Intemet service portion of subscriber bills. He noted that State sales tax is still collectible on the rental of modems and other equipment for the use of the Internet service. Ms. McMullen told Commissioners that Mediacom would stop collecting the inappropriate sales tax with the next billing, and was working with the State and other cable operators to determine how to make appropriate refunds or credits to existing customers, as well as to past cable subscribers. Mr. Crawford told Commissioners about an unfavorable FCC ruling in Pasadena, California that would appear to permit cable operators to disproportionately load franchise fees generated from other revenue streams totally onto the bills of captive basic cable subscribers. Also, it appears that cable operators could load franchise fees from one community revenue source onto the rate payers of another community. He told Commissioners that he had recommended that City of Dubuque join with a coalition of Texas cities and other organizations in appealing this FCC decision in court. Future Agenda Items. Mr. Ellis suggested that the time might be right to again discuss the possible changing advisory role of the Cable TV Regulatory Commission as regards other kinds of communication services, and that perhaps the City Council should be queried as to their interest in expanding the Commission's role. The next Commission meeting would tentatively be set for December 12, 2001. Adjournment. Upon a motion by Mr. Webster, seconded by Mr. Tigges, the meeting was adjourned at 6:32 P.M. MC/cj 3