city council

More on the Cable Advisory Meeting July 22, 2008 Our experience or Good Faith" fun and frolics

"Good Faith" fun and frolics continued...

CAC members began to inform those present of their respective progress. Which, apparently, they seemed disappointed with. One member just got her list handed to her at that meeting ( she was absent from the previous meeting). Those who did the assignment seemed to all suggest that the answers they received were varied, vague, and they frankly did not see much that could be contributed from the poll. They later thought, however, that it may be a good idea to use what they had received and work out a plan to process the information. That decision came after WCCA and also members in the audience asked for copies of the poll CAC was looking at.

WCCA upon a very quick glance of the poll results, pointed out that it appeared many answers came from members of the Alliance for Community Media, and that CAC should not be surprised of the varied responses. Public Access environment is generally unique to the community it serves. Different communities have different needs, thus the varied answers. WCCA also pointed out that each city or town may subject to varied state franchise laws which will impact the answers and capacity of each center. The quest for such data is really a mute issue. As the city can only work within the parameters now based upon the agreement it has with the cable company. Unless there is plan to ask the Charter to kick in more to support our PEG channels. WCCA's shared it's position that point of ascertainment/assessment process is to determine community needs and base further negotiations or to bring such needs to the table. The window for ascertainment took place between 2004 and Jan 2007, before formal negotiations with Charter.

A community needs assessment would be applicable to the cable franchise license agreement or in formulating an agreement between the public access facility and the city. It would make sense if PEG assessment was done before entering into the formal negotiations with the cable company. That would be part of what is included in the negotiations. We reminded CAC that we are aware of hundreds of petitions, and previous reports that suggested increase funding and channel capacity for WCCA ,the public access component. We asked if the community voices on the subject counted for anything. We also wanted to know what happens with all the work CAC does? Does it go directly, unedited, to the city manager, is it filtered through additional advisers? Understandably, CAC did not want to speculate and answer. CAC members seemed to hope it counted for something. Apparently no one knows for sure. We do not believed this should be such a complicated matter. This is process that is guided by Fed and state law with an industry history that really spans about 30 years ( 22 years in Worcester) . It looks like there is an attempt to reinvent the wheel. Reinventing the wheel will not improve public access in Worcester. Comparing the second largest city in New England with some 50 plus thousand cable subscribers to towns with less than 10 thousand subscribers does not send the message of intent to assure increase capacity for PEG, redefining local programming and reducing it to a narrower definition, serves no positive purpose for PEG at this juncture. Atlanta GA, for example, has a fifteen year franchise with ten access channels thriving due to city encouragement. We see CAC members on a search on behalf of the city manager, to determine even the definition of "local programming", to see what other smaller communities are doing. We see a lot wheel spinning going on. It's nice to know such information, however, the process should really be based on community needs. Many have the impression the process now is more about something else. It is not apparent that something else is to meet community needs relative to Worcester's 22 year old and vital public access. If it is we wanted to know. We asked, how can we trust the needs of the community are making it way to the City Manager and best represented ? "Good Faith" was the answer.
We asked about the white elephant in the room, what is the status of the estimated $1.8 million dollar balance of un used cable funds the city has divided in an account for the government channel account and a separate Educational Channel accounts. We posed the question in the past and again at the last CAC meeting, which was not a quorum. More forms were passed out by the city's rep. We were then told it looks like all that money is now earmarked. WCCA then formally requested copies of the all the documents they were given by the city's government channel director/director of the city's cable division. The chair immediately distributed what copies they had available. We are waiting for additional Government and Educational Channel operational and Capital needs reports as I write this. We need more time to review these documents, but at a glance we learn:
1. That the cable funds are placed in an account labeled the government access account but serves as a holding account for "ALL CABLE funds" including PEG, administrative fees, and renewal offset funding. For the past twelve years of the previous license, the government access channel does not have an account of it's own.
2. WCCA is encumbered immediately from the account, yet we are paid in quarterly installments, any possible interest that may be generated from money intended for WCCA is not reflected. Other apparent government channel or related city cable expense distributions or categories are encumbered as requested.
3.The report seems incomplete it does not indicate any remaining amount committed to WCCA or for other possible commitments elsewhere.
4. The last page provides the government channel/city cable division budget for year 2008.
We noted that after ten years this is the first time we are seeing this after numerous request in past. We are not sure when these documents were produced.

It appears to us, as of 2008, on the revenue side in the city account the city brings forward a balance of roughly, $1.2 million added to Receipts ( we assume is the cable franchise fee) of $1.7 million reaching about $2.9 million. After we deduct a little over $1 million expenses which includes the government channel and WCCA's approximate $647K, there seems to be a balances of 1.9 million.
On the school access channel side, we see a balance forwarded of about $839K, after deducting their roughly $255k expenses, we see a remaining balance of more than $583K. So between the school account and the city's cable account there seems to be over $2.5 million. We pointed out that the city channel director stated that the city and school channel gets 20% each of the franchise, but the numbers did not seem to jive, we asked for clarification and received vague answers. The Education rep did not know about the balance and said he would look into it. One person in audience yelled out "it's a shell game". Members of WCCA asked for accountability. WCCA proposed to facilitate the three PEG channels. When we asked formally, again, for budget operation and capital reports from the city and school channel, one CAC member , referring to proposal WCCA had made offering to facilitate the three PEG channels, questioned the integrity of a Non-Profit facilitated PEG channel. We explained the many efficiencies of that proposal. We guess "Good Faith" only plays in one direction.

To be fare we need time to look deeper into the report. So far it raises a lot of questions. One page seems to contradict another. Supporters of WCCA were not happy campers at last nights meeting. CAC has given us the impression funds may be less, and that the city will taking funds to offset the next renewal, leaving less for WCCA. The amazing current capacity of WCCA is at risk. When it might not need to be. While all we get are vague answers when it comes to underutilized funds remaining in city accounts. This thing keeps dragging on. We wonder why there is so much confusion in the process. We are concerned why CAC seems to us to be spinning it's wheels, why is it that WCCA is and has been so scrutinized while it appears CAC now, after we raise the question, asks the city and the school to report on those balances.
This is all significant on many levels. To name two, with such large balance of funds remaining in the city accounts, implies there was never any need to contemplate a reduction in Capital or Operation funding for PEG. Especially for WCCA ,the public access center, which has been operating since 1986. It raises questions why the information relative to cable funds have not been made readily opened in the past. If we never asked would we have ever been told? "Good Faith" . For the record, the meeting was video taped by WCCA TV and will be posted on line soon.

Cable Advisory Meeting July 22, 2008 Our experience

City Manager's Cable Advisory Committee (CAC) had a quorum last night. They met in room 310 at City Hall. The following is our experience. We ( WCCA TV ) were not first to arrive. Three committee members were there with the representative of the the city govt channel 12, who is also representing the city manager, along with a member representing the WPS Educational channel 11 . As soon as the fourth CAC member arrived the meeting was called into order. The chair passed out an agenda to all who asked for one. A reporter form the T&G also was present.
Their task seemed to be to continue old business, which included to follow up on an assignment they had given themselves two weeks ago, which was to contact PEG access centers which they had on a pre-assembled list, to poll them concerning: The number of distinct PEG entities, How many PEG channels, What percentage of gross revs they receive, How are the revs divided to each entity, Other sources for PEG funds, What level of Capital funds they received and how it is divided up. They also sought answers to how each respondent would define "local programming", if they establish goals, if there are any limitations or restrictions to use of funds, who the LO is and how many subscribers they have.

In other words all the questions that we addressed and we believe CAC also addressed, or should have been addressed during the ascertainment / community assessment period that took place between 2004 and 2007. The franchise expired in Jan. 2007 and the city signed a renewed cable franchise, with a much shorter term, in Spring of 2008. WCCA's Public Access agreement, normally co-terminus with the cable franchise, is yet to be negotiated.

Yes, it did get a little testy.

Read More "Good Faith" fun and frolics

Competition equals lower prices? Think again.

link

Cable Franchising Bills No Help To Consumers: Survey
66% Of Respondents Say Cable Rates Are Up Despite Competition
by Linda Haugsted
Multichannel News
07/07/08

State cable franchising bills have not led to lower cable rates, and support for
public access channels has eroded in those states with such schemes, according to a
survey conducted by the Alliance for Community Media and the National Association of
Telecommunications Officers and Advisors.

The survey, which included 140 public access center officials from 18 states where
cable is no longer locally regulated, showed that 66% of the respondents said basic
cable rates have increased in their communities, even after the arrival of
competition.

In testimony in support of many of these bills, supporters asserted that the quick
arrival of competition, enabled by such bills, would lower consumer rates. Only 1%
of survey respondents said rates decreased after the bills were passed.

Competitors have taken advantage of the new regulatory regime: 68% of respondents
said competitors, including AT&T and Verizon, have applied for state franchises.
However, incumbents are taking advantage of the regulatory change, too. Fifty-two
percent of respondents said legacy operators have applied to be regulated by the
state.

The ACM is most interested in the impact to its members, and the rest of the survey
had to do with the current state of financial and other support for local cable
production. Twenty percent of the respondents, from communities in California,
Florida, Iowa, Indiana, Kansas, Michigan, Missouri, North Carolina, Ohio, Texas and
Wisconsin said their funding had decreased since the passage of state regulatory
bills.

Twenty-six percent of those polled said they've lost free cable service to
libraries, school and other public buildings; and 41% said they've lost or had a
reduction in benefits for the operation of local institutional networks.

The ACM said it would use the survey information to seek legislative or regulatory
action that will preserve localism provided by PEG channels.

~~~

Rob McCausland
Director of Information & Organizing Services
Alliance for Community Media
202-393-2650

WCCA Files a Petition to the City Council

WCCA presented a petition to the city council last night, asking for closure
and for the city to settle a new contract with WCCA before the end of
June. Councilor Rosen lead a motion by the council asking the city manager
to finalize a contract with the well liked station (WCCA)by the end of
June if possible. The motion passed unanimously. Mayor Lukes agreed , adding that it is time for closure on this matter.

WCCA has submitted a draft proposed contract which includes similar practical oversight and contractual obligations that has made WCCA's growth over the past 12 years possible. We sincerely hope the city manager will continue to allow WCCA to continue to meet community media needs and continue as a cutting edge public access model. As I said before, either the city leaders will support WCCA as an empowering community resource for all, or it will compromise it.

PETITION on behalf of many signatures and supporters of WCCA to the City Council:

PEOPLE OF WORCESTER: THANK YOU THANK YOU THANK YOU !

THANK YOU, THANK YOU, THANK YOU, PEOPLE OF WORCESTER.

Last night, March 19th, WCCA met with members of the city council's Public Service and Transportation Committee to discuss WCCA's operational and capital needs for the next five years.

Councilors Joe Petty, Gary Rosen and William Eddy were very receptive and expressed their support for WCCA. Gary Rosen passionately expressed that he hopes to be joined by all his colleagues on the council in a call for assurances to ensure WCCA will continue the valuable level of service and to meet future community media needs.

Congratulations to YOU, Worcester. Thanks to the people and organizations of Worcester for the tremendous outpouring of support and encouragement you have given to WCCA TV over the past years. You have have helped us with your letters, editorials, post cards, petitions, attendance at cable meetings, and your many phone calls to city leaders. Because of your efforts, the city was able to negotiate a decent contract with Charter. The city will soon be receiving the funding and capital needed to continue WCCA TV's public access mission.

Now WCCA's funding and its future lies in the hands of City Manager Michael O'Brien. It is up to him to allocate funding pursuant to YOUR needs as ascertained by the city. YOU have spoken at those public hearings and through YOUR letters, before the PS&T and Cable Advisory committees. Both Committees echoed your request for increased funding, equipment capital and additional channel for WCCA TV “The People's Channel”, YOUR VISION TELEVISION. The city has been sensitive to all of our voices and, so far, to the needs of public access.

Your continued support is more vital now than ever. Please continue those calls and letters to our councilors and the City Manager.

Stay alert for upcoming public hearings regarding the future of WCCA. Sign up for our WCCA mailing list. Together, we may be able to convince the Manager to see to it that WCCA sustains at least the current level of service and community productions. We must press on together. That is what makes this truly "the people's channel".

Sincerely on behalf of the Volunteers, Community Producers, Interns, KidsNet/Youth Channel Students, Community Board, and Staff, Thank you.
Mauro DePasquale

Hanover Theatre Gala Opening with Gary Rosen and Dottie Hargrove

Only on WCCA TV 13, The People' Channel.

Watch all the preliminary excitement as the new Hanover Theater enjoys it's premier night. Relive the celebration with cameraman Frank Rocco with Gary Rosen and Dottie Hargrove,as they interview crowds on the red carpet.

Cable and web casting this
Thursday night at 9pm, (pre-empting Grecian Melodies), Monday, March 24 at 8:00pm (pre-empting Ted Lalos),
and also on Friday, March 28 at 2:30pm

WCCA's Mike Benedetti also has images posted on Flickr. as well. Congrats to all involved.

60 minutes of fun

WCCA TV 13, Your Vision Television

Editorial: PEG issues

Why a long term cable contract would be a smarter option.
Unlike typical city related contracts, a cable franchise agreement is a strategic telecommunication opportunity. The city's long term plan telecom plan requires a long term infrastructure, thus a long term agreement.

Read the filed Editorial.

NOTE TO COUNCIL: PLEASE VOTE FOR LONG TERM RATHER THAN SHORT TERM

HERE IS WHY:
URGENT January 28, 2008

RE: Council Meeting Item: Reconsider against shortest term possible for the cable franchise renewal with Charter.

Please reconsider this request. There are many benefits to a local cable franchise authority including the asset of PEG channels that will be at risk in the balance.

Looming proposed legislation lobbied by major telecom companies threaten to eliminate municipal cable franchise authority. WCCA has presented extensive information on this subject on it's website
wccatv.com/save access

So fare with the help of a nation and state wide effort including support form various municipal groups and associations we were successful in holding such potentially damaging legislation at bay.

If the lobbyist are successful Cable Franchise licenses will be terminated either immediately or immediately upon the expiration of the current franchise. In such a case, is it worthwhile to let our frustrations and disappointment with a company such as Charter Communications, ruin the opportunity to sustain franchise assets currently benefiting our city and it's citizens?

We suggest a long term franchise written with strong language to enforce and ensure the needs of the city and it's community (including our PEG channels) and consumers are met on a timely basis.

SAVE ACCESS INFORMATION

Verizon Raises Rates Too
http://saveaccess.org/node/1877

What is in the balance:
http://www.wccatv.com/search/node/Save+Access

Mass Save Access news
http://saveaccess.org/taxonomy/term/26

Mass Access Highlights of the proposed bill sponsored by Verizon:

The bill transfers license approval from municipalities to the State, allowing the state 15 days for state level review and approval. (Section 4(D))

State review would be superficial at best with only 15 days to review a license application.
There is no provision in the bill for public hearings or public input.

The bill provides that if the cable license application is complete, it must be approved.
(Section 4(D))

The bill ties government's hands, as the State must approve the application if it is a complete application. Thus the bill provides NO mechanism for state or local negotiation of better terms regarding service area or provision of Institutional Network. Therefore a new company can pick and choose ("cherry pick") which neighborhoods it serves, and neither the state nor the municipality can negotiate better terms. There is no provision for negotiation of Institutional Networks or other community-specific benefits.

In a radical departure from decades of prior law, the bill does not provide for any state review of the qualifications of a new cable company. This would be very problematic with respect to new entrants that do not have proven qualifications. Unqualified, high risk, speculative companies could apply for and take over the last remaining pole and street space available for this important service.

Even the process of license transfer approval is eliminated so the cable licensee can transfer its system to any entity, without any public hearing or public input. (Section 4(G))

The bill provides that cable operators would pay the municipality a franchise fee not to exceed a total of 5% of "gross revenues" as defined by the bill, and as established by the municipality. (Section 7(B)). However, the bill is harsh on existing public access facilities, as follows. Although the new company would initially have to match the incumbent company's support for public, educational and governmental (PEG) access, the bill specifically provides that when the incumbent cable operator's franchise expires, then such PEG Access support shall not exceed 1% of the franchise holder's gross revenues. (See Section 8(C)). This could result in loss of funding to PEG Access facilities depending on how other franchise fees are allocated. In any event, because there is no requirement that Verizon negotiate or match other Comcast obligations, e.g., service area or INet obligations, Comcast would seek reductions of PEG obligations so that it would operate in "level playing field" conditions, as discussed below.

Existing Comcast licenses all provide that if Verizon (or any cable competitor) does not match what Comcast is providing, Comcast may seek relief and reduce what it is currently providing, going down to the competitor's level of local support. As the new bill would result in Verizon providing less than Comcast (in terms of service area construction and Institutional Network), the new bill (if adopted) could result in Comcast being able to seek relief to reduce its existing obligations to go down to the new lower level. The areas where Comcast would seek relief are PEG Access and/or INet support, because those are the main areas where Comcast can reduce monetary payments to redress level playing field inequalities.

Access Channels: The new bill requires only 2 access channels for new entrants in communities with populations under 50,000. Many communities with population under 50,000 now have 3 access channels, so the bill could result in a loss of access channels. Larger communities would have 3 access channels. (Section 8(B)). Another problem for municipalities: Under Section 8(B) the cable operator could reclaim community channels used for non-repeat programming less than 8 hours per day.

Interconnection of Incumbent and New Company Access Channels: The bill appears ambiguous about access channel interconnect, as it provides for reasonable efforts to negotiate interconnection, creating the risk of dispute concerning what constitutes reasonable effort. Section 8(H). Another problem for municipalities: the bill provides that the municipality shall be responsible for the operation and content of access channels. (Section 8(d)). The bill also makes the municipality responsible for access channel interconnections by providing, "The must municipality must ensure that all transmissions, content or programming to be transmitted over PEG access channel or facility…are provided in a manner or form that is capable of being accepted and transmitted by the franchise holder." (Section 8(E)). The foregoing shift responsibilities to the municipality that the municipality can now shift to third parties through a local franchise.

Term of License: Existing law (Mass. Gen. Laws ch. 166A) provides for license of up to 10 years for renewals and up to 15 years for initial licenses. Expiration of license term has been of enormous benefit to towns and cities because at expiration, the parties have renewal negotiations to update terms and conditions. This is the practice in the overwhelming majority of states. Under the proposed new law, once a state license is approved, there is no expiration of license terms, eliminating critical renewal negotiation opportunities.

Emergency Alert System: Cable operator only to comply with FCC emergency communications standards, and FCC does not require local override capability. (Section 8(G))

Indemnification of municipality would only be for negligent acts or omissions of cable operator. Current law requires indemnification for injury caused by acts or omissions of cable operator based on causation, without requiring showing of negligence. (Section 5(E))

New bill says that in any community with 2 or more cable companies, locally mandated customer service standards would no longer apply. (Section 9(C))
Loss of renewal process (if the bill goes through). Existing cable operators like Comcast would have the option of seeking state authorization pursuant to the new legislation upon expiration of an existing franchise. (Section 2(B)) So Comcast could simply opt out of renewal if it did not like the local renewal process.

Comment: Massachusetts municipal officials made a strong and unprecedented outcry against adopting 90 day licensing (at the state DTE hearing), however, the new bill seeks to usher in a new regime of 15 day state licensing.

SAVE ACCESS INFORMATION
http://www.wccatv.com/taxonomy/term/65

Verizon Raises Rates Too
http://saveaccess.org/node/1877

What is in the balance:
http://www.wccatv.com/search/node/Save+Access

www.saveaccess.org

Mass Save Access news
http://saveaccess.org/taxonomy/term/26

In the balance
LET'S NOT REDUCED LOCAL TV COVERAGE TO 17 seconds per day:
http://saveaccess.org/node/2100

Archiving City Council meetings or any meetings with WCCA's help

Next week, members of the Worcester Independent Media center are going to start taping City Council meetings, then digitizing and archiving them. They'll be using WCCA's digitizing/production equipment.

WCCA has long been available as a resource for those who want to record and post public events in Worcester, from concerts to politicians to documentaries to World Smile Day.

To find out how WCCA can provide the tools for you to record the events that are important to you, call us at 508-755-1880x11.

Worcester Inauguration, 2008

worcester_inauguration2008_00000016.jpg

Inauguration of Worcester elected officials, Mechanics Hall, January 2, 2008.

Video: Download the mp4 video (156MB) or see other formats.

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