November 18^th, 2002

Cable Franchise Board

  MEMBERS PRESENT

Stuart Rhodes, Chair
Pete Blum, Member
Daniel Lynch, Member
Charlie Hiltunen, Member

  MEMBERS ABSENT

Dollyne Pettingil-Sherman

  OTHERS PRESENT

The first item on the agenda was the Cable Communication Agency report.  Mr. Maultra stated the Cable Agency and its counsel have reviewed a proposed resolution on cable theft as written by Time Warner.  The Agency has made some modifications to this document and if acceptable by Time Warner and the Cable Board, it is a matter that we would like to take up under Old Business.

 The Cable Communications Agency further reviewed   ETC’s the Educational Television Cooperative’s five-year business plan and have offered further recommendations.  One of the areas we reviewed, with the bid of Ken Montgomery, was in the area of equipment acquisition. 

 The Cable Agency continues to assist Lewis & Associations in their franchise fee audit review of Comcast and Time Warner.

 The Cable Agency has had several discussions with TOTALink with regard to sidebar language on INET considerations. 

 Discussion of Carriage of WKOG, the Cable Agency has had discussions with Sister Sue Jenkins of WKOG Television and with the cable operators over the prospect of carrying their signal on the cable operators’ digital tier. 

 The Cable Communications Agency has been serving as a consumer advocate to Indianapolis and Marion County cable Subscribers in assisting them in mediating cable complaints on their behalf.

 The next item on the agenda was the Channel 16’s Government Access programming report presented by Mr. Montgomery.  Mr. Montgomery highlighted some activities of Channel 16 for the month of October.  There were 55 hours and 2 minutes of new live and tape delayed meeting coverage.  Special Events production totaled 23 hours and 11 minutes.  In Kind Services were 2 hours and 25 minutes.

 There were 9 series programming for a total of 4 hours and 30 minutes.

 Total in October for all categories was 85 hours, 8 minutes.

 The next item on the agenda was the Cable Operator’s Management Report.  Mr. Nesbit stated Time Warner has met all requirements of report of customer contact.

 Mr. Nesbit stated Time Warner ran in-kind promotional spots for Speaking of Circle City Classic, Dance Kaleidoscope, American Cabaret Theatre, Hispanic Heritage Month and the National Kidney Foundation of Indiana, Faith fest, American Heart Association and Family Service.  The value of these in-kind spots was $33, 990.

• Time Warner, in conjunction with Comcast and HBO used a Circle Center Mall theatre to premiere a national movie with a Hispanic angle.  The HBO produced movie, Real Women Have Curves, is set for a national debut in November.  Over 150 members of the local community attended the screening.  The two cable companies also sponsored an after movie dinner reception at one of the mall’s Bistros.

• TWC was one of the major game sponsors of the 19^th Coca Cola Circle City Classis.  Time Warner Cable has provided over 15-years of support for this Black College fundraiser.  The Division’s 2002 in-kind and monetary contribution totaled over 100,000.  The event has risen over $800,00 in educational scholarships.

• Launched the 2^nd of a 3-year grant with IPS. Tech-Know Grant provide a laptop and high-speed access to 6 and 7^th grade student in three Indianapolis Middle Schools.  The Division will have over 1,200 IPS student connected to the network from their homes during the school year.   

• The Superintendent of Indianapolis Public Schools (IPS) accepted the third $100,000 check donation, in as many years, from Time Warner Cable and the VH1 Foundation.  12 Indianapolis public schools have benefited thus far with the $300,000 worth of musical instruments that have been provided for elementary music programs.

• Time Warner help to support the 11^th Annual HealthNet Foundation’s “Grand Bazaar USA” by attending the event.  The Grand Bazaar picks a country each year to expose their culture to the Indianapolis community.  With all of the turmoil fallout from 911, the organization decided to support patriotism with a visit to the USA.  The proceeds helps to provide affordable health care for approximately 30,000 Indianapolis residents each year who have little or no health insurance and limited means to pay for health care.

• The Indianapolis City Council approved the TWEAN transfer with a 29-1 vote.

• TWC agreed to sponsor the American Heart Association’s “Know Stroke’s Warning Signs” campaign.  The campaign is aimed at informing African-American of the high risk of stroke and will run through December 2002.

• The Public Relations manager continues to serve the community through membership on the Indianapolis Public Schools Education Foundation (IPSEF) board, a member of the executive board of 100 Black Men of Indianapolis, a member of the Indianapolis Press Club, and the president of Hemophilia of Indiana, Inc.

  Mr. Nesbit also stated Time Warner appreciates the City Support with the Resolution regarding Cable Theft/Vandalism.  Mr. Nesbit also stated that he sent a letter to the Cable Communications Agency regarding a signal for Sister Susan Television channel.  Stating Time Warner will see how it can provide a signal for this station.

 The next item on the agenda was the Comcast management report.  Mr. Robertson, of Comcast, introduced Comcast new Area Director of Customer service as Michael Rutland. Mr. Apple stated Comcast expects the merger with Comcast/ ATT to close this week stating this will not affect the customers in the Indianapolis area.

 Mr. Apple stated Comcast had a lost of customers of October.  Incoming calls were 66,611 received and 64,147 handled; 84.89% were answered in 30 seconds or less.  Busy rate was 3.4% .  There were 65 service interruptions for the month.  Service call report was 99.25% of total service calls addressed within next business day.  Comcast completed 100% of its installation within 7 days or by customer request.  There were 46 written complaints in the October.

 Construction was no construction in the month of October.

 Comcast aired over 175 hours of local community interest programming in October.

 Comcast supported several community events including.

1. On Tuesday, October 1, Comcast, Time Warner and HBO partnered on a screening of the move “Real Women Have Curves” at the United Artists Theater in Circle Centre Mall.  Customers and VIPs were invited to attend.

2. More than 170 Comcast employees and their family members volunteered Saturday, October 5 for the second annual Comcast Cares Day.  Volunteers spend four hours cleaning, weeding, planning and painting at the Indian School for the Blind.  Comcast Cares Day is a national event that drew more than 8,500 volunteers at projects in 26 states this year.

3. Comcast was a media sponsor of the Buddy Walk for Down’s Syndrome on October 12.  It was our second year participating in the event.

4. Comcast sponsored Explore IUPUI, an event showcasing the downtown campus to the community, on October 12.

5. For the third consecutive year, Comcast sponsored Dressage at Sweet Charity Farms, a horse show and gala dinner benefiting Ther-A-Play.

6. Comcast sponsored the Indianapolis Marathon, October 19 in Lawrence.  It was Comcast’s fourth consecutive year of involvement in the event.

7. Fox News Channel’s Sean Hannity visited Indianapolis on October 26.  Comcast and Newstalk 1430 partnered to bring him to the Murat Centre for a lecture and book signing.

  The next item on the agenda was the TOTALink of Indiana presentation.  Mr. Roberts reported TOTALink submits this Monthly Report to keep the Board and public aware of TOTALink’s continued efforts and interest in the Indianapolis market.

 TOTALink appreciates the 90-day extension granted earlier this year by the Cable Franchise Board.  During the time since that approval, TOTALink             representatives has been in contact with the City to develop a working arrangement for the INET and other issues raised by the Cable TV Administrator.  These discussions have not reached a point where either the City or TOTALink is confident of the intent and commitments regarding the INET and other possible considerations.  Recent discussions have also included a review of the current sorry state of the financial markets as well as the status of many competitive cable providers, which have ceased business or sold their networks at distressed prices.

 Therefore, TOTALink respectfully requests the Board’s consideration of its request for an extension of one year of the construction commencement date.  This time will be used, in part, to promptly complete their discussions with the City on the abovementioned issues.  TOTALink believes that, because of the current industry conditions, this is a time when communities interested in attracting new broadband service providers need to focus on how they can assist such providers to become established.  At the end of the day, effective competition in broadband voice, video, and data services will be a win-win situation for the consumer and for the community.

 TOTALink, through its sister company SIGECOM in Evansville, remains one of the very few successful competitive broadband service providers in the country.  It is the financial success of that venture that will significantly affect the ability of TOTALink to properly fund a network build for Indianapolis.

 TOTALink, along with its owners, Utilicom Networks, and its partner, Vectren Corporation, continue to closely monitor the financial market conditions and watch for a positive direction in the capital markets, which would enable funding of the Indianapolis Cable System.

 The next item on the agenda was the ETC report.  Mr. Harris stated the Marion County Health Department has approached ETC about producing a video on Child Safety.  They will be working with the Communications Department of the University of Indianapolis on the production.

 The U.S. Department of Education has contacted ETC about showing the series “Education News Parents Can Use”.  The program features brief segments, including one- on- one interviews, “how-to” demonstrations, and brief conversations with parents, educators, community, business and religious leaders, and education experts .

 The shows “ASOR” and “Unique from Indiana” will be returning in December to ETC 2.

         Under new business, Mr. Maultra presented NATOA Regulatory/Legislative Assessment to the City.  Stating in recent years NATOA in addition to annual membership, NATOA also assessing based on population a legislative/Regulatory amount.  Stating traditionally the amount is $1000.00 and it is in the Cable Communication Agency Budget.  Mr. Maultra stated he is requesting the Cable Franchise Board approval of this amount to NATOA (National Association Telecommunication of Advisors).  

 Motion was made by Mr. Hiltunen, seconded by Mr. Mr. Lynch to approve the $1,000 legislative/Regulatory fee to NATOA.  Motion carried unanimously. 

The next item on the agenda was the Cable Theft Resolution.  There was amble discussion regarding the Resolution created by the City regarding Cable Theft.  After lengthy conversation, by the Cable Franchise Board, Rick Maultra and Corporation Counsel and Time Warner it was decided “this” Resolution will not serve its purpose.  Stating this resolution is not necessary for Time Warner to prosecute for Cable Theft under the Federal Law and the City supports Time Warner position in this matter.  The Cable Communications and the Cable Franchise Board agreed the Resolution will be re-written with an Addendum to its purpose prepared for the December 16^th board meeting.

The next item on the agenda was TOTALink Construction Schedule.  Mr. Maultra stated  a while back the Cable Franchise Board extended a 90 day construction schedule deadline for TOTALink.   Stating this extension was extended with understanding that the City would be working on sidebar language to institutional network provisions of the TOTALink franchise agreement.  Stating the City still need to find out more what the Institutional   network should look like.  Stating more research needs to be done.  Mr. Maultra stated TOTALink is requesting a 6-month extension to the TOTALink construction schedule, which would move this date for June 18^th 2003. 

Mr. Roberts of TOTALink stated, TOTALink has had a lot of discussion with the Cable Communication and support the recommendation.   Stating even though TOTALink request was for a year the extension this extension will give TOTALink time to coordinate things and to incorporate those things into the network

Mr. Blum asked if the extension of June 18^th, 2003 would be to commence construction or finish construction.

Mr. Maultra stated, June 18, 2003, would be the commence construction date.

Mr. Roberts stated what TOTALink is asked for is an extension in the Franchise, which requires TOTALink to commence construction.  Stating that’s what is being extending in this recommendation until June 18^th, 2003.

Motion was made by Mr. Hiltunen, seconded by Mr. Blum to grant TOTALink a 6-month extension start date of June18th, 2003.  Motion carried unanimously. 

Mr. Apple asked if the City has made any progress, since the last board meeting,  with the respect to First Mile the company ,which is offering video service and using the public rights away without a franchise agreement.

Mr. Borgmann stated he has turned over the construction information to the rights-away people at DPW (Department Public Works) attorney.  Stating he has not heard back from the people at First Mile and waiting for answers.