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Minutes: Cable TV Reg. 3 13 02MINUTES OF CABLE TV REGULATORY COMMISSION MEETING MARCH 13, 2002 CITY HALL ANNEX CONFERENCE ROOM # 2, 1300 MAIN ST. MEMBERS PRESENT: Charles Ellis, Chairman, Ron Tigges, Walt Webster MEMBERS ABSENT: Michael Pratt. 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 5:34 P.M. 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 December 12, 2001 Meeting. Upon a motion by Mr. Webster, seconded by Mr. Tigges, the Minutes of the December 12, 2001 Commission meeting were approved as distributed. 3. Public Comment. The Chairman noted there was no one present to address the Commission. 4. @ Home Cable Modem Service. Ms. McMullen reported that the transition from the @ Home Cable Service to Mediacom Online went relatively smoothly, except for those existing customers who had failed to download the necessary software in advance of the switch. She told Commissioners there were still a few stragglers, including persons owning an IMAX computer, where specialized software was needed~ Excite @ Home, the national cable internet service ceased operation on Mediacom systems as of February 28, 2002. Commissioners discussed details of broadband intemet access procadures. 5. Rate Increase, Channel Changes. Mr. Crawford distributed a listing of the basic cable rate history in Dubuque since the inception of cable in the 1950's. He also distributed copies of February 4 e- mail from Ms. McMullen highlighting those networks that were changing channel positions or being added to the system at the same time as the rate increase. Third, he distributed a detailed digital channel map showing where all services are carried on the cable system and from what satellite transponders many of these · services are acquired. 1 Ms. McMullen told Commissioners that moro channel assignment changes would be coming as compatible types of programming wero moved into channel groupings near one another. The Commissioners discussed the recent rate increase, the strongth of consumer complaints over the degree of change and the absence of a "mini-basic" or "broadcast basic" lower priced tier. They also discussed how tier placement or channel placement of particular networks is often determined by national contracts and not by local decisions. 6. Status of Telecom Projects in Dubuque. Mr. Crawford told Commissioners of contacts the City has received from three potential wireless internet service providers. One of these is already providing service in parts of the community, whereas the other two have approached the City inquiring as to the process for negotiating leases for antennas on City water towers and other properties. He also noted there is unofficial information that one or more new sources for DSL (Digital Subscriber Line) service would be unveiling plans for Dubuque in the near future. Mr. Crawford told Commissioners of the problem which had arisen with the new jail construction and an existing City conduit and optical fiber network which was rosolved with extremely fast installation of the romaining redundant fiber loop, which was not scheduled to be installed between the Library and City Hall Annex and the Law Enforcement Center for a couple of more years. Emergency backup telephone service dudng the switchover was provided with a combination of existing analog phone lines and fifteen temporarily assigned cell phones, which aro now kept in a standby status for future emergencies or special events. Mr. Crawford also told Commissioners about the City's efforts to incroase the specification of its own empty conduit which it will be placing into stroets that aro newly constructed or roconstructed, providing capacity for multiple carders, and providing some protection against street cuts within a few years of a new street's completion. 7. Franchise Renewal. Mr. Crawford reviewed the extensive information gathering processes which had been conducted early in January, along with the City's consultants, and talked in groater detail about the voice mail, e-mail, and wdtten surveys that were used throughout the month of February to gather input from Dubuque residents. He discussed the impact of the timing and degree of the cable rate incroase on the ability of these survey instruments to measuro a variety of topics of Public opinion rogarding futuro cable-related needs. He told Commissioners that almost 1400 of the 4000 written surveys had been returned, which is a phenomenal 35% return rate for the survey. Commissioners concurred that rather than sending a statistically valid sampling of the retumed surveys to the consultants for scientific coding and tabulation, all of the surveys should be coded in this manner for historical and public relations purposes. 8. Mediacom General Managers Report. Ms. McMullen indicated she had nothing additional to report. 2 Cable Franchise Administrator's Report. Mr. Crawford told Commissioners about the renewed debate over the so called "lifetime contract" which had arisen again with this year's rate increase, as it does every year. He told Commissioners that he had concluded that there never was a "lifetime contract" whereby subscribers who paid an upfront installation fee in the 1950's wore allegedly guaranteed that their monthly cable rate would never go up over their lifetime, or where persons paying the installation up front were somehow granted part ownership of the cable company. All of the contracts that have been recovered and inspected from that era clearly do not state either of these perceptions, which are widely held by odginal subscribers. The contracts clearly state in two different locations that rates can increase with the addition of channels and program services, and otherwise at the discretion of the cable operator. Mr. Crawford told Commissioners that one of the more vocal complainants over the years on this topic had called him, and he had challenged the man to find the proof that such a contract originally existed, for which Mr. Crawford would pay the man $10 for his trouble in resolving the issue. 10. Future Agenda Items. There were no additional agenda items suggested. 11. Adjoumment. Upon a motion by Mr. Tigges, seconded by Mr. Webster, the meeting was adjourned at 6:43 P.M. MC/cj 3