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HomeMy WebLinkAboutCable Committe 07/23/2001Commonwealth of Massachusetts Town of Mansfield Ad -Hoe Committee for the Renewal of the Cable License July 23, 2001 Minutes of Meeting Attendance: Committee Members Bruce Fellows, Chairman Mike Healey, Vice Chairman Absent: John D'Agostino, Town Manager Bill August, Attorney Andy Gazzolo Lou Amoroso, Selectmen George Bezreh Meeting began at 7:15p.m. No motions were taken because there were not a sufficient number of committee members for the necessary quorum. Bruce has asked that all Board members come prepared to the next meeting to discuss the survey results, and how they can be incorporated into the renewal license. Bruce also asks that all Board members come prepared to the next meeting to discuss areas within the license where they feel fines and the language specific to fines needs adjustment. The Access Board did not have a meeting during the month of July. Their next meeting is scheduled for August 9, 2001. Bruce and Mike have been added to the agenda for this meeting to discuss the areas that this Board would like input from the Access Board. This Boards next meeting is scheduled for August 13, 2001 at 7:00pm at Town Hall Commonwealth of Massachusetts Town of Mansfield Ad -Hoe Committee for the Renewal of the Cable License July 12, 2001 Minutes of Meeting Attendance: Committee Members Pat Kirley, Clerk Lou Amoroso, Selectman Bruce Fellows, Chairman Mike Healey, Vice Chairman George Bezreh, Absent: John D'Agostino, Town Manager Bill August, Attorney Andy Gazzolo Meeting began at 7:05p.m. Motion to approve the June 18, 2001 minutes. Approved 4 -0 -1. Discussion was held between all Board members regarding the release of the working document to the Board of Selectmen by the August meeting. The Board continues to believe that the document can be released, even if we as a Board have not completely finalized our opinions on all issues.There continues to be several issues that are awaiting an opinion from the Cable Access Corporation. Mike to set up a meeting with the Access group, with Bruce and Mike attending. The Access Board did not have a July meeting. The Board discussed the survey that was filled out by many subscribers. The Board will be working on these surveys at its next meeting. The Board is expected to have the final numbers on the survey for the next meeting.. We expect to be able to include information from the survey, into the proposed working Document. Pat is to e-mail all meeting notes to the Town Clerk. Mike will take the responsibility of Clerk until another is found. Lou has asked that the Board come prepared to lire next meeting to discuss the fine structure that we want to have in the working Document. All Board members are asked to review the previous contract, to see where they would want to see changes in the fine structure. Next meeting will be held on July 23, 2001 at 7:00p.m. at Town Hall The Board was reminded that Bill August has asked that the next meeting he is asked to attend is one that the Board is prepared to release the working Document to The Board of Selectmen. Motion to adjourn was approved 5 -0 -0. Commonwealth of Massachusetts Town of Mansfield 4 Ad -Hoe Committee for the Renewal of the Cable License June 18, 2001 Minutes of Meeting Attendance: Committee Members Lou Amoruso, Selectman Bruce Fellows, Chairman Mike Healey, Vice Chairman George Bezreb, Bill August, Attorney Absent: John D'Agostino, Town Manager Pat Kerley, Clerk Andy Gazzolo Meeting began at 7:05p.m. Motion to approve the June 7, 2001 minutes. Approved 3 -0 -1. Discussion was held between all Board members regarding the release of the working document to the Board of Selectmen by the August meeting. There are several issues that are awaiting an opinion from the Cable Access Corporation. Mike to set up a meeting with the Access group, with Bruce and Mike attending. Bill August has asked that the next meeting Ire is asked to attend, be the one where we are prepared to release the working copy of the Cable License. The Board discussed the survey that was filled out by many subscribers. The Board will be working on these surveys at it's next meeting. Mike is to e -mail Pat Kerley and ask her to forward a copy of all of the meeting notes to the Town Clerk's office. In the future all meeting notes need to be forwarded to the Town Clerk's office. Next meeting will be held on July 12, 2001 at 7:00p.m. at Town Hall. At this meeting we will review the surveys and the response from the Access Group. The next meeting following the meeting of the 12'x, is scheduled for July 23,200 1, at Town Hall. At this meeting we expect to put the finishing touches on the working document, to be forwarded to the Board of Selectmen. Motion to adjourn was approved 4 -0 -0. Commonwealth of Massachusetts Town of Mansfield Ad -Hoc Committee for the Renewal of the Cable License June 7, 2001 Minutes of Meeting Attendance: Committee Members Lou Amoroso, Selectman Bruce Fallows, Chairman Mike Healey, Vice Chairman Pat Kerley, Clerk Absent: John D'Agostino, Town Manager Andy Gazzolo Meeting began at 7:15 p.m. Motion to approve the May 10, 2001 minutes subject to videotape review — vote to approve 4 to 0. Bruce Fallows again thanked the residents for the overwhelming response to the survey. Pat Kerley noted that the written comments fell into four categories: 1. The cost is too high and the residents are very aware of the bill rising all the times and the changes in basic tiers. 2. AT &T service is not responsive and almost impossible to reach. 3. Other towns get more for the money. Residents want to know how it is possible that other towns get channels such as NESN, MSNBC and Mansfield residents don't. 4. Residents stated that without any competition AT &T could care less about them. Each member compared their results of the survey and all had similar statistics. Lou Amoroso commented that people are going to dish satellite. Reception traced back to a bad modem at the school. The School will buy a new modem, but AT &T didn't give the specs. The new modem may resolve the problem. Lou requested the residents to call AT &T to complain. Mike Healy asked the residents to put it in writing and send it to the Board of Selectmen. Lou noted that AT &T would not give information about Mansfield's telephone responses etc. Bruce Fallows discussed The Sun Chronicle's article (5 /19/01) "North wants answers from AT &T." North Attleboro's Selectmen voted unanimously not to approve a new contract with AT &T Broadband until questions about the cable provider's compliance with current contract are resolved. (Attachment A) Pat Kerley read part of a letter from a resident comparing the other surrounding towns receiving more for their cable service. Other towns receive in Tier I under $35 per month Comedy Channel, Cartoon Network, Disney, Nickelodeon, History Channel, and TCM etc. In Mansfield you need Basic 1, 2, 3 & some New Choice package. Review of the License Article 53(a) Needs to change so that we get money and not have AT &T fix it. Accounting now is not forthcoming. The amount of $5,000 plus inflation was suggested. Mike will ask Access if they want this option and what amount they want. No pass thru. Article 5.3(b) Stays in. It needs wording and no pass thru. Ad -Hoc Committee for the Renewal of the Cable License June 7, 2001 Page 2 of 3 Need to get an equipment list from the Access Board. Access needs $500,000 without switching to digital and $1 million minimum to switch to digital. Cameras at the School, Town Hall, and every other place need to be replaced if switched to digital. Page 59 deals with the number of charnels. We lost one and were borrowed by the cable provided. Need to know what is a cable channel worth. It is difficult to put on a value, but there has been an estimate at $30,000 plus inflation. This needs to be settled before the contract ends. Lou wants a penalty if the AT &T does not comply. Article 5.5 System Maintenance of Channels. Monitor test results are forward to Licensing Authority Committee. Article 5.7Right of Public Service Announcement Insertion. It is a keeper, but want to know how they will maintain it. Article 6.1 Want a business office in Mansfield. Article 6.1(b) Stays. Answering phone by a customer service representative including wait time. How do we enforce. Want telephone logs quarterly. Discussions regarding AT &T customer service reps are overwhelmed. Want the ability to leave a message and have them call back. Article 6.3(a) Request 7 days and if not... Need some recourse for the consumer i.e. week's free service. Article 6.3(e) Stand by personnel 24/7 Article 6.3(g) Don't know if the comment card distribution is happening. Article 6.7 "Parental control." The Committee noted that many of the responses on the survey indicated that they did not know they had a parental control feature. Pat Kerley stated that the cable company in New York City had a channel that played continuously with instructions and demonstrations of all the features of the cable service including how to use Parental Controls, Hook up the VCR, etc. Scrambling now is not sufficient. Cable ready TVs without a cable box can get a brief view of the channel. Article 6.8 Billing & termination procedures. AT &T should allow each subscriber to cancel a package at least once per year. Bill needs to find a section. Article 6.10 Privacy paragraph. Is it sufficient? The Committee will write to Bill August regarding the population growth. The Committee wanted to know if he was able to find out if amortization for the entire pass thru charges has been paid off. When the current contract was drafted, there were zero subscribers and now there are 5,000+ subscribers. Next meetings will be - - Thursday, June 28, 2001 at 7 PM Town Hall, Room 3AB — License Review Ad -Hoc Committee for the Renewal of the Cable License June 7, 2001 Page 3 of 3 - Thursday, July 12, 2001 at 7 PM Town Hall, Room 3AB — License Review Attachment A: The Sun Chronicle's article "North wants answers from AT &T" dated 5/19/01 Minutes: Pat Kerley Meeting adjourned at 9:05 p.m. Commonwealth of Massachusetts Town of Mansfield Ad -Hoc Committee for the Renewal of the Cable License May 10, 2001 Minutes of Meeting Attendance: Committee Members Lou Amoruso, Selectman Bruce Fallows, Chairman Mike Healey, Vice Chairman Pat Kerley, Clerk Bill August, Esq. Absent: John D'Agostino, Town Manager Andy Gazzolo Meeting began at 7:00 p.m. Motion to approve the March 8, 2001 minutes subject to videotape review — vote to approve 4 to 0. Motion to approve the March 29, 2001 minutes subject to videotape review — vote to approve 4 to 0. Motion to approve the Executive Meeting on March 29, 2001 minutes — vote to approve 4 to 0. The survey was discussed. The response to the survey was overwhelming. The responses were divided into 4 batches and each of the Committee members in attendance took a batch home to record the responses. The Committee was grateful to the resident of Mansfield for their response. Bill August presented the Draft Compliance Letter/Response to AT &(Attachment A). The letter addresses two issues: telephone response data and signal quality issues. Bruce discussed the telephone response data received from AT &T, and felt that the data was very generic and could have been from any town. Bill August with the Committee reviewed Section 5 of the license. The Committee discussed the need for standards on the quality transmission of the local programming. The transmission of the local programming is poor on a consistent basis. Lou Amoruso felt that AT &T's response was inadequate and wants AT &T to respond in writing. Bruce Fallows made a motion to approve the letter and was approved by the Committee vote 4 to 0. Bill August discussed Article 5 and commented that it is important to start formal negotiations. Would like to give Frank Foss a copy of the working draft with the notation that the draft is subject to changes. There was a discussion of the I -net, studio spending and rate regulations. Pass thru costs are based on fees to the Town and number of subscribers. Bruce Fallows noted that the population of Mansfield has grown by 35% in the last ten years and wanted to know if there has been an overpayment. Bill August noted that we can impact pass thru terms to some extent. The Committee reviewed several sections of Article 2. Lou Amoruso noted that there are material breach violations of the current contract i.e. answering phone and maintenance log. Bill August discussed section Article 5.5 System Maintenance of Channels (Attachment B). Signal quality need to be addressed to improve the quality. Case law says that the Town can't make up tests, but the Town can require additional tests. We need to have AT &T tech test and explain the results. Ad -Hoc Committee for the Renewal of the Cable License May 10, 2001 Page 2 of 2 Paul Johnson, resident of Mansfield, (19 Mayflower Drive) suggested that the following tests might be more beneficial to finding the source of the problem: • Nodes need to be tested from node to headend. • Test from the nodes • Test within the Town for leakage • There are FCC guidelines • Access channels are problematic • Access testing — where in the acceptance band Bill August commented that Mansfield needs a signal engineer and suggested that Mansfield hire on an hourly basis and get an assessment on the signal testing. The Access Corporation has educational and municipal functions. Mike Healy noted that the Access does teach a course at the schools on programming. In addition, there are police training videos, school courses and other educational venues presented by the Access. Other compliance issues: • Speed of answering phone calls. There are NCTA standards • Need to make a schedule when AT &T provides their report • How long before customer gets service a NCTA standards are not just phone service calls. It includes self - service i.e. pay per view... Next meetings will be - - Thursday, May 24, 2001 at 7 PM Town Hall, Room 3AB — License Review - Thursday, June 28, 2001 at 7 PM Town Hall, Room 3AB — License Review Attachment A: Draft compliance Letter /Response to AT &T Attachment B: Article 5.5 System Maintenance of Channels Minutes: Pat Kerley Meeting adjourned at 9:05 p.m. Commonwealth of Massachusetts Town of Mansfield Ad -Hoe Committee for the Renewal of the Cable License March 29, 2001 Minutes of Meeting Attendance: Committee Members Bill August, Esq. Lou Arnoruso, Selectman Bruce Fallows, Chairman Mike Healey, Vice Chairman Pat Kerley, Clerk Absent: Br. Alexis Bugnolo John D'Agostino, Town Manager Andy Gazzolo Meeting began at 7:00 p.m. Motion to approve the February 26, 2001 minutes subject to videotape review — vote 6 to 0. The minutes of March 8, 2001 were not approved since there were not enough Committee Members to make a quorum. Bruce asked the Town residents to please consider working on the Committee. We need volunteers to help. This Committee needs more members. The survey was discussed. Bruce commented that the survey did not need a question regarding what level of service the residents receive. The more important question is what is the quality of service. The survey can be returned by mail or dropped off at the Library, Town Hall Clerk's office, The Electric Light Department, or return it with the electric bill payment by May 21, 2001. A motion was made to approved the survey and was passed by a vote of 4 to 0. Discussion on the analog and the digital equipment and the way it can be converted for transmission. Bill August with the Committee reviewed Section 5 of the license. The Committee discussed the need for standards on the quality transmission of the local programming. The transmission of the local programming is poor on a consistent basis. The FCC has standards and that is where we have been directed to send our complaints, but the FCC standards are not the issue. The transmission clears up when AT &T is asked to check the transmission. After a time the poor transmission returns. The screen has snowy borders at times and other times the sound is inaudible. The Committee would like AT &T to meet with our staff to see that the signal quality is up to par. The Committee would like to have an Advisory Committee as a go between AT &T and the Access Board to avoid bad relations. Motion to move to Executive Session on the grounds that The Committee needs to discuss negotiations and for the potential lease of public property. Motion was made by Bruce Fallows, and second by each of the committee members: Lou Amoroso, Mike Healey, Pat Kerley, and Bill August. Next meetings will be - - Monday, April 16, 2001 at 7 PM Town Hall, Room 3AB — License Review - Thursday, May 10, 2001 at 7 PM Town Hall, Room 3AB — License Review Minutes: Pat Kerley Ad -Hoe Committee for the Renewal of the Cable License March 29, 2001 Page 2 of 2 Minutes of the Executive Session March 29, 2001 Discussed equipment needs. A motion to adjourn was made by Bruce Fallows and seconded by Lou Amoiuso and was approved by Committee members: Mike Healey, Pat Kerley, and Bill August Meeting adjourned at 8:55 p.m. Commonwealth of Massachusetts Town of Mansfield Ad -Hoc Committee for the Renewal of the Cable License Attendance: Committee Members Absent: March 8, 2001 Minutes of Meeting Lou Amoruso, Selectman Pat Kerley, Clerk John D'Agostino, Town Manager Bill August, Esq. Br. Alexis Bugnolo Andy Gazzolo Bruce Fallows, Chairman Mike Healey, Vice Chairman Meeting began at 7:00 p.m. Since there was not enough Committee Members to make a quorum, there was no motion to approve the minutes for the February 26 " meeting. Lou Amoroso commented that Bill August will attend the Committee meeting on March 29t° and will make recommendations on the new license. Frank Foss wants to make a presentation at that meeting to respond to the Selectmen's letter. Lou commented that the survey must be completed ASAP. The Electric Light Department will include the Survey with the April bill. The Survey has to be completed, proofed, printed and delivered to the Electric Light Department no later than April 2, 2001. Pat will email the revised survey to all Committee members. The introduction has been changed to note that a stamp is required and where it can be dropped off. Lou will ask the Library, Town Hall Clerk, Old Country Store, and Video Mania. The return date is May 1, 2001. Lou asked the Town residents to please send their complaints in writing to the Town Manager via mail or email (townmanagerfAmansfreldma.com). Next meetings will be -- Thursday, March 29, 2001 at 7 PM Town Hall, Room 3AB The meeting was adjourned at 7:30 p.m. Minutes: Pat Kerley Commonwealth of Massachusetts Town of Mansfield Ad -Hoc Committee for the Renewal of the Cable License I February 8, 2001 Minutes of Meeting Attendance Committee Members Lou Amoroso, Selectman Bill August, Esq. Br. Alexis Bugnolo Bruce Fallows, Chairman Mike Healey, Vice Chairman Pat Kerley, Clerk Absent: John D'Agostino, Town Manager Andy Gazzolo Meeting began at 7:00 p.m. Motion to approve the January 22, 2001 minutes subject to videotape review — vote 6 to 0. Discussion of the scanned license document. Both Andy Gazzolo and Pat Kerley scanned the license into a Word document. Br. Alexis will put it in HTML format so that it can be place on the website. Bill August said that he would enter any and all changes in the license document. Lou Amoroso reported on the Selectmen's meeting on 2/7/01. The Selectmen met with Frank Foss and discuss various problems including problems with call being handled in a timely fashion. AT &T has 860 employees to answer calls that include cable, and Road Runner. There are 500,000 calls per month. It usually takes 5 minutes to resolve an issue. AT &T has another 39 new communities and has only added 100 new employees. AT &T is trying, but they may not be able to handle the rapid growth. The Selectmen asked for a log of all calls. They should get it soon, but it is not available by individual towns. Bill August drafted a letter to Frank Foss, AT &T that addresses the following: (Attachment A) - Non - Compliance with License Section 6.2(b) - I -Net Construction Estimate - School wiring - Addition Items: Accurate Maps, Safety Channel, modulators, 30 days notice of rate change. Lou Amoroso said that AT &T did legally comply with the 30 days notice of rate change and channel line -up. A letter was dated January 2 for a change in rates that begin during the February billing cycle. The Board of Selectmen sent Frank Foss, AT &T, a letter listing issues and license requirements that have not been met and copies of complaint letters from subscribers. (Attachment B). Bill August commented that legal compliance issues need to be discussed and would like to go to Executive Session to discuss compliance issues and negotiating strategy. Ad -Hoe Committee for the Renewal of the Cable License February 8, 2001 Page 2 of 3 Motion was made by Lou Amoruso and second by each of the committee members: Lou Amoruso, Br. Alexis Bugnolo, Bruce Fallows, Mike Healey, Pat Kerley to move to Executive Session to discuss compliance issues and negotiating strategy. Next meetings will be Monday, February 26, 2001 7 PM Town Hall Thursday, March 8, 2001 7 PM Town Hall The Agenda for 2/26/01 will review the Survey and other Ascertainment items. Minutes: Pat Kerley Attachment A: Draft letter to Fran Foss, AY &T from William August. Attachment B: The following letters: AT &T letters to Board of Selectmen (2) Board of Selectmen to AT &T Letters of complaint from Town residents to the Board of Selectmen Commonwealth of Massachusetts Town of Mansfield Ad -Hoe Committee for the Renewal of the Cable License February 26, 2001 Minutes of Meeting Attendance: Committee Members Lou Amoroso, Selectman Br. Alexis Bugnolo John D'Agostino, Town Manager Bruce Fallows, Chairman Mike Healey, Vice Chairman Pat Kerley, Clerk Absent: Andy Gazzolo Bill August, Esq. Meeting began at 7:00 p.m. Motion to approve the February 8, 2001 minutes subject to videotape review — vote 6 to 0. Motion to approve Executive Conunittee February 8, 2001 minutes— vote 6 to 0. All Committee members received the revised license (Articles 1 to 6) from Bill August via email. There was a discussion of the scanned license document. Bruce Fallows commented on the various complaints regarding the quality of service provided by AT &T Broadband. The Mansfield Neus had an Op Ed article, "A Tale of Cable Service Woes" by Bill Gouveia. The article very clearly points out all the failings of the cable provider (Attachment A). Also discussed was a memo to John D'Agostino from a Mansfield resident, Ray Courtois regarding his treatment by AT &T. He felt that rate schedule is unfair and forces him to subscribe to channels that he does not want to get the ones he does want. He felt that the customer service he received was rude and unwilling to resolve complaints (Attachment B). The memo brings up issues about AT &T's ability to provide customer service. Their handling of Mr. Courtois infers fraud or incompetence. The Committee feels that AT &T is trying, but they may not be able to handle the rapid growth. The Selectmen asked for a log of all calls. The new license needs to have standards and /or requirements for Mansfield. John D'Agostino wants performance standards in the new license and that those standards be specific i.e. projects completed by certain dates, etc. The survey was reviewed and revised. John D'Agostino will let us know if the Town can pay for the return postage. The Committee wants to send it out with the Electric bill either as a separate insert or part of the Live Wire. Next meetings will be -- Thursday, March 8, 2001 7 PM Town Hall The Agenda for 3/8/01 will review the Survey, License and other Ascertainment items. Motion to adjourn the meeting was approved at 9:00 p.m. Minutes: Pat Kerley Attachment A: Op/Ed article dated 2/22/01 "A Tale of Cable Service Woes" by Bill Gouveia. Attachment B: Memo to John D'Agostino from Mr. Ray Courtois Ad -Hoc Committee for the Renewal of the Cable License February 8, 2001 Page 3 of 3 Minutes of the Executive Session (/ February 8, 2001 Discussed and reviewed Article 5 and compliance issues. A motion to adjourn was made by Bruce Fallows and seconded by Lou Amoruso. Meeting adjourned at 9:05 p.m. Commonwealth of Massachusetts Town of Mansfield Ad -Hoc Committee for the Renewal of the Cable License January 22, 2001 Minutes of Meeting Attendance Committee Members Lou Amoroso, Selectman Bill August, Esq. John D'Agostino, Town Manager Bruce Fallows, Chairman Andy Gazzolo Mike Healey, Vice Chairman Pat Kerley, Clerk Absent: Br. Alexis Bugnolo Meeting began at 7:00 p.m. Motion to approve the Committee January 11, 2001 minutes subject to videotape review —vote 5 to 0. Motion to approve Executive Committee January 11, 2001 minutes— vote 5 to 0. The Committee discussed the format of the license and the necessity of having the licensed in a word processing format. John D'Agostino will check to see if the document was scanned into the appropriate format and get it to Andy Gazzolo. Lou Amoroso stated that the Selectmen have a batch of complaint letters regarding AT &T Cable service. They have contacted AT &T and have not received a reply. Mike Healey said that the Selectmen received complaints constantly and almost all have to do with service. We are not getting a response from AT &T and we have to put it in writing. John D'Agostino said that the High School has not been fully wired for cable. Bill August and the Committee reviewed and discussed Articles 2 - 4. Discussion regarding Section 2.4: Mike Healey discussed rate regulations and how it impacts costs when a new cable provided takes over. Bruce Fallows commented that the rates go up every time there is a change or transfer of the cable provider. Lou Amoroso wanted the transfer to be subject to the license so that the new cable service company provides the same level of service at same rates. Sections on pages 32, 33, 34 will be sent to the Planning Board. Next meetings will be Thursday, February 8, 2001 7 PM Town Hall The Agenda for 2/8/01 will review Articles 4, 5 of the current license. Minutes: Pat Kerley Motion to adjourn meeting at 9:15 p.m. Commonwealth of Massachusetts Town of Mansfield Ad -Hoc Committee for the Renewal of the Cable License Minutes of the Executive Session January 11, 2001 Discussed Gross Revenues. Discussed definitions in the contract. A motion to adjourn was made by Bruce Fallows and seconded by Lou Amoruso. Meeting adjourned at 9:30 p.m. Commonwealth of Massachusetts Town of Mansfield Ad -Hoc Committee for the Renewal of the Cable License C January 11, 2001 Minutes of Meeting Attendance Committee Members Lou Amoruso, Selectman Bill August, Esq. Br. Alexis Bugnolo Bruce Fallows, Chairman Andy Gazzolo Mike Healey, Vice Chairman Pat Kerley, Clerk Absent: John D'Agostino, Town Manager Jack Beliveau, Ph.D., P.E., Director, Mansfield Municipal Electric Department Meeting began at 7:10 p.m. November 13, 2000 minutes were approved subject to videotape review. Bruce Fallows read a letter dated 12/18/00 addressed to the Town Manager regarding treatment from AT &T Cable. The letter (Attachment A) stated the following: "On 12/6/001 called AT &T (888 -633 -4266) for service. On one call I was on hold for approximately' /4 of an hour and another time approximately 1 hour before I could talk to a technician. Sometime during the day of 12/16/00 AT &T Cable disconnected by Basic 2 and Basic 3 for no reason. When I finally talked to the technician lie could not correct this. He then informed that the earliest he could send someone to check out the problem was December 26'x' between 3 and 5 PM — a wait of ten days...." Bruce Fallows further stated that the Town gets letters like this every week and reminded citizens to come to the Cable License Review meetings as we go through the ascertainment process. Bruce introduced Andy Gazzolo and Jack Beliveau who is sitting in for John D'Agostino. Mike Healy and the Cable Access Board discussed with the equipment list. It is very difficult to know how to itemize the list. The Board is struggling with putting the list together. Questions arise as to whether the list should include any or all of the following: Equipment for 10 years Replacing some equipment Maintaining equipment with some new equipment Contain pricing for digital equipment Ad -Hoe Committee for the Renewal of the Cable License January 11, 2001 Page 2 of 5 Mike further stated that the equipment is original. The system is getting old. The cameras in Studio A are 17 years old. There is a lot of equipment that is just as old and needs replacing. The Board felt that to put together a list with a full array of what is needed is very difficult. The Cable Access Board does have a list of equipment that is in use now. Lou Amoroso discussed the current license and found that much is very good, but would like to strengthen the fine structure. It is not strong enough and that it usually leads to a legal battle with no improvement to complaints. It seems the usual response is "see our lawyer." The Town needs to be able to enforce a penalty. Most of the fines are then passed onto to the consumer which not in the spirit of the contract. Much of the current license is good, but needs teeth so that the spirit of the contract is enforced. Lou would like to strengthen the rate /fine clause. There was a discussion on definition of fines and liquidated damages. Three fines can mitigate against renewal. The Town needs to notify and have a hearing. The dollar amount is not important. The point is that there are problems that need to be fixed. The cable provided should want to cure. Discussion on how the Town can strengthen the fine section of the license. Section 6.2B says that the response time should be 30 seconds, but does not say it has to be a real person. The automatic voice system is not a real person. One of the Selectmen was on hold for 45 minutes and he called Frank Foss to have it resolved. Not everyone can do that. The response time to phone calls is not acceptable. The Town wants a real live human being to respond to a phone call. Mike Healy commented that a resident called to notify the Town Manager's Office that AT &T Broadband is in violation of their 30 -day notification of rate increases. They are effective 2/1/01 and they just arrived in the mail at subscribers' homes today. Several of the members of this committee received their notice today, January 11, 2001. Attachment B. It is a violation of the current license. AT &T has to give a 30 days notice of a rate change and channel swaps. Bill August said that a compliance letter has to be sent that we are requesting payment of liquidated damages. Mike Healey commented that the Cable Access has had a signal quality problem. The Town has a detailed list of calls and the problems have not been repaired. AT &T has not corrected it. The Town has had separate meeting with Frank Foss and submitted letters. Bill August said we need to write AT &T stating that if the problems are not cured, The Town of Mansfield is requesting to proceed to collect liquidated damages. Lou Amoroso said another problem is Channel 98 cannot be accessed because of the cable box. Channel 98 is the Public Safety station. Ques: Andy Gazzolo asked why can't we get another cable provider? I hear only complaints about AT &T. Do we have any right to regulate the rates? Ans.: Lou Amoroso said that the license with AT &T is non - exclusive, but that this cominittee is about license renewal. Lou said that Jack Beliveau could tell us what alternatives there may be. The tiers above basic rates are unregulated. Ad -Hoe Committee for the Renewal of the Cable License January 11, 2001 Page 3 of 5 Bruce Fallows commented that he had the VCR commander that allowed him to operate his VCR and TV without having to touch the VCR machine. Since AT &T changed things, it no longer works and there has not been a reduction in the bill. In order for the VCR commander to work, the consumer has to have digital cable box, which is an additional $10 per month. Pricing is a big issue. If they are not servicing us, the fines have to be enforced. We are paying for service that does not exist. There was a discussion on Rates and the rate regulations. Bill August keep in perspective that the Town does get 5% of revenues, I -NET, and PEG. Rates and program line ups are deregulated. We still can influence AT &T by complaining. Ques: Br. Alexis asked Bill if the license is written in a general name or does AT &T's name appear? Ans.: Bill said that the definition section of the license names the cable provider. Section 2.5 Transfer and Assignment of Renewal License covers the eventuality of another cable provider taking the place of AT &T. The successor is bound by the license. Lou Amoruso pointed out that a transfer more than twice will reduce the length of the contract. However, the amortized costs are spread out over a shorter period of time and the bill will be higher. So it is not an advantage. Jack Beliveau discussed changes taken place in the technology area. The Electric Company has been receiving inquires for access within Mansfield from telecommunications and data communication providers of fiber optic cable and wireless contractors. It is a lucrative and there is a lot of competition. The Town had received an offer of $1 million over 20 years package by AT &T to run the fiber optic lines, but withdrew their offer when they bought Media One. AT &T does not have to run new lines because the cable lines carry data as well. Cable has a hybrid system and is making a profit from that type of access. Lets not give away a source of income. The State has passed a regulation that requires the Town to allow equal access of our facilities to any provider and charge all the same. We need to be aware of the precedent we set with the Cable TV franchise. Had preliminary discussion with other municipal electric companies: North Attleboro, Taunton, and Middleboro as to the feasibility of the Electric Utility providing cable TV. We would need a consensus of the Mansfield residents. Shrewsbury Electric offers cable TV and does quite well. Braintree Electric went out and bonded, spent $8 million and put in a competing cable TV system. Technically and financially it is feasible. It is outside the charter of the electric company and would need a vote. We would have to borrow $8 million. It is a possibility to consider. There are many changes in technology and the access to the poles and right of way into and through Mansfield has value. We should not give it away. Discussion regarding the various regulations regarding cable, telephony and other technology issues. Bill August agreed with Jack that the right of way is an enormous resources. Ques: Bruce asked does the I -NET have to be through the cable provider? Ad -Hoc Committee for the Renewal of the Cable License January 11, 2001 Page 4 of 5 ( Jack Beliveau said he is doing a study on a wireless system and the cost is low. If we have a problem, we would be more responsive that AT &T. Wireless system for the I -NET is less than $100,000. Jack further gave a brief description of what other towns are doing. North Attleboro developed $2 million facility that can be shared by 4 towns. The system would be wired using fiber optic cabling that would also allow connection not only for Cable TV, but also electric meters and phone systems. Taunton and Middleboro are going ahead. It would be a regional cable TV system. East Providence runs its own cable system with a population of 50,000. Pricing is the same, but the service is better. Competition will keep pricing down. After a few years pricing may be 5 — 10% lower due to AT &T's continual increases in rates. Bruce Fallows commented that the consumer would be happy to have a choice and it would be good for the Town. Ques.: Bruce Fallows asked if Frank Foss responded to complaints Ans.: No response at all. Ques.: Bill August asked if the batch of complaint letters were sent to Frank Foss? Ans.: Lou Amoruso said if they haven't been sent, they will be. There was a discussion on how to review and revise the current license. Next meetings will be Monday, January 22, 2001 7 PM Town Hall Thursday, February 8, 2001 7 PM Town Hall The Agenda for 1/22/01 will cover correspondence received and review contract articles 2, 3,4 of the current license. The Agenda for 2/8/01 will cover correspondence received and review contract articles 5 of the current license. Motion to move to Executive Session for the potential lease of public property. Motion was made by Lou Amoruso and second by each of the committee members: Br. Alexis Bugnolo, Bruce Fallows, Andy Gazzolo, Mike Healey, and Pat Kerley. Minutes: Pat Kerley Attaclunent A: Letter addressed to the Town Manager, dated 12/18/00 from a Mansfield resident, Gina Prohodsky Attachment B: AT &T notice of rate changes. Ad -Hoe Committee for the Renewal of the Cable License January 11, 2001 Page 5 of 5 Minutes of the Executive Session January 11, 2001 Discussed Gross Revenues. Discussed definitions in the contract. A motion to adjourn was made by Bruce Fallows and seconded by Lou Anroruso. Meeting adjourned at 9:30 p.m.