1998-09-22 CABLE TELEVISION
ADVISORY COMMISSION
City of Beverly, Massachusetts 01915
Member: Al Torsey - Chairman
Thomas O'Connor, Amy Siemsko, Arthur Crmta!l, Robert I.~ C_~rald D'Alfonso, Dm,jd Mmi~hy
Meeting of September 22, 1998
Beverly Public Library
Present: O'Connor, Torsey, Crandall, Siemasko, Murphy
Gordon Champion from the Mass. Cable TV Commission
Absent: D'Alfonso, Lee
Chairman Torsey convened the meeting at 7:15 p.m.
Minutes of the previous meeting were approved.
Gordon Champion briefed commission members on methods of cable television license
renewals throughout the Commonwealth.
Among highlights:
- Lieerase renewal procedures are governed by FCC and state regulations.
- The mayor, as licensing authority, should delegate task of negotiation in
writing to commission members.
- Some communities are writing into licenses a procedure of review eatled an
"Annual Report Card." This is a review of the ncensee's performance over the
past year and serves as a reference for future renewals.
- In determining future needs of the community,' it's a good idea to coffer with
School Department officials and to involve them in process.
- Several communities are inviting competitors to submit bids. In practical
terms, the only alternate franchiser at the moment is RCN of Boston and New'
Jersey. Competitors must be invited to submit proposals. If successful, the:
second provider would ordinarily provide service side by side with firs|
provider thus giving consumers with choice.
- The issuing authority can proceed either formally or informally. Mosl.
communities use the informal method which provides broad latitude as to time.
constraints. However, the issuing authority must hold a public hearing before:
any license can be awarded or denied.
- The issuing authority must commence ascertainment no later than six month,
after submittal of the cable operator' s renewal letter. Ascertainmerit provides.
an opportuntiy for the public to comment and participate in the renewal of the..
incumbent franchise - MediaOne. It is also the time for the issuing authorit)'
to gather data and review the operator' s past and oarrent performance and to
Page Two - Cable TV Commission
- conduct a subscriber-wide survey and to identify the gumre cable-related
community needs and interests When ascertalnment is completed, the issuing
authority must nofi~ the cable operator in wrhing of the date of the
completion of ascertainment proceedings.
- After ascertalnment, ~he issuing authority may issue a request for proposal
(RFP) from the incumbent cable operator.
It is not mandatory to issue an RFP. However, the operator mug suibmit a
proposal in response to such requests.
- The issuing authority must inform the public promptly when it receives the
cable operator's proposal.
- The issuing authority must renew a cable license if the cable operator meets
the following four criteria
- 1. Substantially complies with the material terms of the franchise and with
applicable law.
- 2. The quality of the operator's service, including signal qualities,
response to consumer comphints, and billing practices, but without regard
to the mix or quality of cable services or other services provided over the
cable system, has been reasonable in light of community needs.
3. The operator has the legal, financial and technical ability to provide the
services, facilities and equipment as set forth in the operator's proposal.
- 4. The oporator's proposal is reasonable to meet the future cable-related
community needs and interests, taking into account the cost of meeting
such needs and interests.
- The issuing authority may negotiate a franchise/license fee (currently set at 50
cents per subscriber per year). These fees are permitted by law to be passed
through to cable television customers and appear on monthly bills.
- Beverly currently operates a local operator public access studio in the
MediaOne Tozer Road headquarters.
Gordon Champion provided comprehensive handouts to commission members
and a computer disk containing sample licenses that have been renewed recently. These
disks will be replicated by Thomas O'Connor and provided to individual commission
members.
The Commission will meet next on Tuesday, October 6, 1998 at 7 p.m. at the
Beverly Public Library.
Dan Murphy - For the commission