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Minutes_Cable Regulatory Commission 4 14 10MINUTES OF CABLE TV REGULATORY COMMISSION MEETING April 14, 2010 CITY HALL ANNEX CONFERENCE ROOM #2 MEMBERS PRESENT: Andy Bellings, Walt Webster, Charlie EIIis, Ron Tigges. MEMBERS ABSENT: Kevin Stevens. OTHERS PRESENT: Craig Nowack, City of Dubuque Cable TV Coordinator Kathy McMullen, Mediacom Mr. EIIis called the meeting to order at 5:30 p.m. Acceptance of the Agenda Upon a motion by Mr. Bellings, seconded by Mr. Webster, the agenda was approved 4 -0. Approval of the Minutes of the September 9, 2009, Meeting Upon a motion by Mr. Bellings, seconded by Mr. Webster, the Minutes of the September 9, 2009, meeting were approved 4 -0. Public Comment There was no public comment. The Dubuque Franchise Mr. Nowack provided a brief summary of the events relating to the Dubuque cable franchise from the notice in November 2009 in which Mediacom claimed to have converted the municipal franchise to a state franchise to efforts to amend the state franchise law in Des Moines that were signed into law recently by Governor Culver. The Regulatory Commission Mr. Nowack brought up for discussion the idea that if Mediacom were to be operating under a state franchise, would there be a ongoing role for the Regulatory Commission to fulfill? He had a brief discussion with Assistant City Attorney Tim O'Brien about this, and Mr. O'Brien suggested that reviewing a community partnership agreement for the City Council might be the Commission's final act. Mr. EIIis recalled the years prior to deregulation when the Commission played a role in channel selection and subscriber rates and other regulatory issues, but over time the authority has eroded significantly. Mr. Bellings asked if there would be a role for the Commission if a competitor began offering service in town. Mr. Nowack said he would have difficulty imagining a competitor negotiating a franchise with the City when it could very easily get a franchise from the state. Mr. Tigges moved to request feedback from the City Manager and City Council on whether there would be value to have input from the Regulatory Commission if cable service is regulated by a state franchise. The motion was seconded by Mr. Webster and approved 4 — 0. Mediacom General Manager's Report 1 Ms. McMullen said that personally and as a representative of Mediacom she hopes to work with the members of the Commission and the City as she has in the past, in what she called a good relationship. She reported that Mediacom has 125 communities in which they have a state franchise and talked about how the cable business has changed and is changing. She said that Mediacom will no longer be prepaying franchise fees and there will be a quarterly "true -up" for each quarter. She said Mediacom will be sending a letter stating this. Ms. McMullen reported that Tine -up changes scheduled to occur today are being delayed as Mediacom reconsiders its various network - affiliate changes. Ms. McMullen provided an update on Mediacom's rollout of DOCSIS 3.0 technology which should be in place in Dubuque in the 4 quarter of this year. Mr. Tigges excused himself from the meeting. Staff Report Mr. Nowack reported on the overwhelming sense of confusion that many subscribers are experiencing with all the changes to their cable service that have been occurring since the digital transition started last year. Future Agenda Items /Comments & Concerns No items were discussed. Adjournment Upon a motion by Mr. Webster, seconded by Mr. Bellings, the meeting was adjourned at 6:25 p.m. 2