Channel 17 Management_Loras CollegeTHE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Channel 17 Management
DATE: December 23, 2009
Cable TV Coordinator Craig Nowack recommends City Council approval for Loras
College to take over the day-to-day management and operation of Dubuque's shared
educational channel, Channel 17.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
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Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Craig Nowack, Cable TV Coordinator
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Craig Nowack, Cable TV Coordinator
DATE: December 16, 2009
RE: Channel 17 Management
Dubuque
All-America City
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2007
INTRODUCTION
The purpose of this memorandum is recommend that we proceed with having Loras College
take over the day-to-day management of the shared educational access channel (Channel 17)
for a period of at least 10 years.
BACKGROUND
Earlier this year Loras College offered to take over the day-to-day management of Channel 17,
a course of action that was been planned during negotiations for the current cable franchise
agreement and provided for in the same agreement. Reaction to this plan from the various
institutions eligible to provide programming to this channel has all been positive. The University
of Dubuque expressed interest in participating in the management of this channel but said it will
not be ready to do so for at least five years. UD has also indicated an interest in producing
some programming for Channel 17. I think this is a logical first step for their entry into the local
access community and I have offered to help them select the proper equipment to produce
whatever programming they choose to make. I believe the community will benefit from
programming produced by the University of Dubuque.
Loras College has been one of the most prolific providers of PEG programming for at least the
past 15 years and is only now ready to take over the management of this channel. They are
aware of the obligation they are undertaking and are willing to make the commitment of time
and resources necessary to program and operate this channel 24 hours a day, 365 days a year.
One of the initial concerns of the Cable Tele-Programming Commission, is the fairness by which
Loras College programs the channel, that Channel 17 does not become, in effect, "the Loras
College channel." Craig Schaefer, Professor of Media Studies at Loras College, addressed this
concern in his proposal to manage the channel. It is my belief that Loras College will program
the channel fairly, and I know the Cable Tele-Programming Commission will be monitoring the
program schedule closely. Besides, the City can designate who can manage and operate each
of the PEG channels. If the City Council at any time feels there is a problem, management of
the channel can be turned over to a different entity.
RECOMMENDED ACTION
respectfully recommend that Loras College take over the day-to-day management and
operation of Dubuque's shared educational channel, Channel 17.
cc: Randy Gehl, Public Information Officer
Barry Lindahl, City Attorney
MANAGEMENT AGREEMENT
FOR THE SHARED EDUCATIONAL ACCESS CHANNEL
BETWEEN
THE CITY OF DUBUQUE
AND
LORAS COLLEGE
This Agreement, dated for reference purposes the 1st day of January, 2010, is made
and entered into by and between the City of Dubuque, Iowa (City), whose address for
the purpose of this Agreement is 50 West 13 Street, Dubuque, Iowa, and Loras
College (Loras), whose address for the purpose of this Agreement is 1450 Alta Vista
Drive, Dubuque, Iowa.
WHEREAS, City is the local franchise authority for any cable television or video service
provider that utilizes the public rights -of -way within the city of Dubuque; and
WHEREAS, Loras is desirous of procuring from City the right to manage the shared
educational access channel (Channel 17) and is qualified to provide the requisite
services associated therewith; and
WHEREAS, the public interest and welfare will be served by City entering into this
Agreement with Loras which will manage the day -to -day operation of Channel 17.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements hereinafter set forth, it is agreed by and between the parties hereto as
follows:
1. TERM OF AGREEMENT. City grants to Loras for a period of ten years beginning
January 1, 2010, and ending December 31, 2019, the privilege of managing Channel 17
upon the terms and conditions set forth herein.
2. DUTIES OF LORAS. Loras shall:
a. Schedule, encode, and play back all non -live programming for Channel 17;
b. Make reasonable accommodations to receive programming from other
qualified institutions during normal business hours of Loras;
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c. Schedule Channel 17 in such a way that the programming of all qualified
institutions have equal access to all dayparts unless such programming is
inappropriate for certain dayparts.
d. Create reasonable policies, at its discretion, to facilitate the scheduling and
encoding of programming for air on Channel 17.
e. Provide to City regular program schedules and production reports as
requested.
3. EDITORIAL CONTROL. For the purposes of this Agreement, Loras shall comply
with Section 6(f) of the City of Dubuque Cable Television Franchise Agreement adopted
May 2, 2005, with respect to exercising editorial control over programming on Channel
17. Notwithstanding the foregoing, City may in its sole discretion determine if a certain
program is inappropriate for any specific dayparts or for Channel 17 itself.
4. EQUIPMENT. Loras may apply for funding with which to purchase equipment to
facilitate operation of Channel 17. Loras shall make every effort to anticipate its funding
needs for such purpose so as not to deplete the Capital Grant for Access Equipment
and Facilities.
5. NON - OBLIGATIONS. Loras shall not be responsible for:
a. Providing facilities for any access user.
b. Providing copies of programs airing on Channel 17 except as occasionally
requested by City.
c. Providing training for any access user.
6. NONASSIGNABILITY. Loras shall not transfer or assign this Agreement nor any of
the privileges or premises herein without the prior written consent of City. Each and
every covenant and agreement herein contained shall extend to and be binding upon
Loras and Loras' successors and assigns.
7. RIGHTS AND REMEDIES OF PARTIES. The various rights, powers, options,
elections and remedies of either party provided in this Agreement shall be construed as
cumulative and no one of them as exclusive of the others, or exclusive of any rights,
remedies or priorities allowed either party by law, and shall in no way affect or impair
the right of either party to pursue any other equitable or legal remedy to which either
party may be entitled, as long as any default remains in any way unremedied,
unsatisfied or undischarged.
8. MODIFICATION OF AGREEMENT. None of the covenants, provisions, terms or
conditions of this Agreement to be kept or performed by City or Loras shall be in any
manner modified, waived or abandoned, except by a written instrument duly signed by
the parties. This Agreement contains the whole agreement of the parties.
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9. TERMINATION OF AGREEMENT. This Agreement may be terminated by City for
any reason, with or without cause, upon three (3) days' written notice to Loras. Loras
may give notice of intent to terminate this Agreement for any reason, with or without
cause, upon ninety (90) days' written notice to the City. Upon termination of this
Agreement, Loras agrees to immediately vacate and surrender any equipment
purchased with City funds or any equipment supplied to Loras for the operation of this
Agreement. The rights and obligations of the parties under this Agreement shall end
with the effective day of the termination of this Agreement, except that Loras shall be
responsible for any damages or losses attributable to its acts while in possession of City
equipment.
10. COOPERATION WITH CABLE TV COORDINATOR. The Cable TV Coordinator
and Loras shall cooperate each with the other to promote the best use of Channel 17.
CITY OF DUBUQUE
By
Michael C. Van Milligen
City Manager
LORAS COLLEGE
By
Jam:. E. Collins
Pr- - sent
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