April 18th, 2005

MEMBERS PRESENT
Peter Blum, Chair
Robin Winston, Member
Daniel Lynch, Member

OTHERS PRESENT

Peter Blum calls the April 18, 2005 meeting of the Marion County Cable Franchise Board to order.

The first item on the agenda to be discussed was the Cable Agency report. Mr. Maultra, Director of the Cable Communications Agency, thanks the Board for this opportunity to highlights some of the things that the Cable Communications Agency has been involved with during the past month.

The Cable Agency met with IUPUI who is undertaking a research study on how grants affect the City and the Agency attended a meeting on IUPUI'S briefing to City departments regarding their research last Monday.

The Cable Agency has been further reviewing the Bright House data regarding their FCC submission for the 2005 rates. The Cable Agency have sent Action Audits findings on to the Cable Board and plans to take up the matter of those findings under old business.

After talking to Councilor Rozelle Boyd, Chairman Blum and the Agency will be meeting before the Rules & Policy Committee of the City-County Council on Tuesday April 26 to brief them about First Mile. Counsel to the Council, Aaron Haith suggested to Chairman Blum and Mr. Maultra this course of action to keep the Council informed.

The Cable Agency was represented at the Regional Alliance for Community Media Conference, which met in Indianapolis on April 1. He stated the Cable Agency participated in one session Grand Rapids with regard to beginning a franchise fee audit.

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.
For the month of March, the Agency received 31 complaints for Bright House. Comcast for the month had 48 complaints. The areas of high complaints for both operators were in billing procedures.

Mr. Maultra stated Ken Montgomery, Janise and he met with Information Service Agency (ISA) to discuss access the telecommunications links for Channel 16 and the Cable Agency. He stated at the meeting the department took the opportunity to discuss the benefits of web steaming for the City.

Mr. Lynch asked it there were examples of cities around the Country that are using web streaming.

Mr. Maultra stated many including the City of Carmel.

Mr. Lynch asked if those examples carry weight where the benefit can be demonstrated.

Mr. Maultra stated one example would be, while at a NATOA Conference in Washington D.C. he learned that D.C. had 3700 hits for a council meeting from China.

Mr. Blum commented that he appreciates getting the complaint numbers aligned with the Cable operators.

Mr. Maultra stated the Cable Agency is now doing complaints via e-mail he stated that have been working out well.

Mr. Blum suggested that Mr. Maultra address the non-compliance for Comcast.

Mr. Maultra stated Comcast is not in compliance with the FCC's Customer Service Standards for the first quarter of 2005 for telephone answer time in handling calls 90% of the time in 30 seconds or less.

Mr. Winston asked how soon does Comcast need to respond to the non-compliance letter.

Mr. Maultra stated they are to cure non-compliance within a 30-day period after receiving notice, which he stated, is today.

Mr. Winston asked if the April numbers would be the numbers measured.

Mr. Blum stated this is one of the holes that need to be addressed with the Council.

Mr. Maultra stated that this needs to be address with the re-write of the customer service standards. He said it suppose to be 30 days after notification.

Mr. Blum requested a motion to accept the minutes for February 22nd, 2005 and March 21st, 2005. Motion was made by Mr. Winston to approve the minutes seconded by Mr. Lynch. The motion carried unanimously.

The next item to discuss is the Government Access TV program Report with Mr. Montgomery.

Mr. Montgomery, Manager of Channel 16, highlighted some of the activities of Channel 16 for the month of March. Channel 16 had 62 hours and 1 minute of live & tape delayed meeting coverage. There were 42 events for live & tape delayed meeting coverage. Special event productions were 19 hours and 31 minutes. In-Kind productions for City-County/Government Agency were 6 hours and 20 minutes and 30 seconds. Series production totaled 1 hour and 50 minutes.

Mr. Montgomery stated Channel 16 had In-Kind services of $6,280 for the month of April for charges that was external to Channel 16.

Mr. Blum asked what has been the assessment of the "Know your neighborhood" program so far.

Mr. Montgomery stated people have been responding to the program.

The next item on the agenda was the Bright House monthly report. Mr. Aldridge, Director of Public Affairs and Buz Nesbit, Division President, report for Bright House Networks.

As represented by Bright House, the company started the month with 3,012 limited basic subscribers and ended the month with 2,964. Bright House started the month with 58,404 full basic service and ended with 59,205 which is a system total of 753 subscriber increase.

For incoming calls, Bright House represented receiving 51,485 calls, 51,315 of those calls were handled, and 48,795 were answered in 30 seconds or less. Bright House had 95% of calls answered in 30 seconds or less.

The complaint summary showed Bright House had 31 complaints for the month with 12 of the complaints relating to billing.

Mr. Aldridge represented that 100% of service interruptions calls were addressed within 24 hours. There were no planned service interruptions with 11 unplanned service interruptions with an estimated 1,499 subscribers with interrupted service. The total service interruption hours were 30.13. System reliability was 99.9910%.

100% of total service calls were addressed with the next business day, unless otherwise directed by customer. There were no appointments kept outside of the 4-hour service window during normal business hours, unless requested by customer.

100% of installations were completed within 7 days or by customer request. There was no new construction done during the month of March. Bright House had 4 locations of Construction for the month of March.

Under public Affairs, The Division ran in-kind promotional spots for American Cabaret Theatre, the City Parks Department, Hemophilia of Indiana and the Indianapolis Book Fest. The value of these in-kind spots was $26,235.

For Community Affairs, the division hosted the 2nd Annual Indianapolis Public Schools, Bright House Networks and VH1Concert at John Marshall middle school. The concert showcased 18-schools that have received VH1 Save The music grants. Several of the other IPS schools music programs and the Broad ripple high school orchestra joined in the ETC televised concert. BHN and MTV provided a pizza dinner for the student performers. The Division presented Dr. "Pat" Pritchett, superintendent of the IPS, with a memento for his involvement with the BHN and VH1 partnership to increase music education in IPS. Vh1 honored Dr. Pritchett for his music education vision in February at the national Academic Administrators Conference in San Antonio.

For the 2nd year, the division was a "Bronze Colonnade" sponsor of the Indiana Neighborhood Housing Partnership (INHP) at Glendale Mall.

The Division joined in a partnership with the IPS Multicultural Education office for a special project. The Division connected A&E Network's History Channel with the IPS school system by providing study guides and videotapes of the History Channel's recent documentary, "Voice of Civil Rights." The program debuted on the cable channel in February, Black History month.

The Division was a first time sponsor of the United Way annual fundraiser. "United on Broadway."

BHN in conjunction with Comcast was a media sponsor of the 2005 Murat Shrine Circus. The event helps to raise fund for the Shrine hospitals.

Bright House continued partnership with WDNI provided the required hours of local programming as mandated by the City's franchise agreement.

Mr. Aldridge wraps up his report and opens for the Board's question.

Mr. Winston stated letters of appreciation should go out to employees who provide reports and answer calls within the time allotted.

The next item on the agenda was the Comcast Operator's Report. Mike Delph presented on behalf of Comcast. He also introduced Mr. Doug Ward, Call Center manager for Comcast who is one of the leaders, at Comcast, who is responsible for making sure customer service is where it should be.

Mr. Ward stated Comcast service level is clearly Comcast top priority. He stated he is optimistic that in April Comcast will be reporting favorable results. Mr. Ward said Comcast have done some emergency planning which includes oscillating hiring and training. Comcast also have added additional resources. He stated the Customer service leader has been promoted and moved on to Michigan. He said there are specifics that could be responded to as action plan to meet the service level.

Mr. Blum asked what are some of the specifics in the plan.

Mr. Ward stated Comcast have solicited overtime also stating Comcast hired some additional CAE's. He said Comcast have redirected some call volume.

Mr. Blum stated this is similar to what the Board was told last month. Stating there has been no progress.

Mr. Delph stated he informed the Board, at the last Board meeting, that Comcast would not meet service levels for the quarter.

Mr. Blum stated he is not referring to the quarter levels. He stated he is more referring to the month-to-month levels. Stating what Mr. Ward is stating is what Ms. Cade reported last month.

Mr. Lynch asked how is the growing edge of Comcast new services being offered to the Customer, how does those services interact with the phone matrix on the old cable section of the business. Asking how does Comcast allocate the work force across the two businesses.

Mr. Ward stated when calls are received into Comcast; Comcast is responsible for the reporting matrix. He stated Comcast does not have the ability to differentiate multiple product calls when the customers call.

Mr. Delph reported the number of customers requesting total basic service decreased by 12.

For the month of March Comcast was at an 83.55% service level. System reliability for the month was 99.99%. Comcast had five planned service interruptions for system improvements.

Comcast reported 98.31% of total service calls were addressed within the next business day, unless as otherwise directed by the customer. 99.86% of appointments were kept within the 4-hour service window during normal business hours, unless otherwise directed by a customer, as represented by Comcast.

Comcast reported 100% of installations were done within 7 days or by customer request.

There were 47 complaints sent to the Cable Agency. Comcast completed construction in six new subdivisions and two condominium sites.

Comcast aired Public Service Announcements for Indianapolis Neighborhood Housing Partnership "Home Fair", Susan G. Komen Foundation "Race for the Cure" and NCAA "Men's Tournament Tickets."

Appearing on Indiana Newsmakers for the month of March were Michelle Wood, Race for the Cure, Glemda Williams, Black Coaches' Association and Rupert Boneham, Rupert's Kids.

For events and sponsorships, Mr. Delph noted that Comcast was a media sponsor for Family Night, March 3, at the 6oth Murat Shrine Circus at the State Fairgrounds. Customers that presented their bill at the Pepsi Coliseum received $1 off each tick purchased.

Comcast sponsored "Nobel Evening in the Garden," March 11, at the State Fairgrounds. This annual event is a preview of the Flower and Patio Show and features dozens of area restaurants showcasing items from their menu against the backdrop of the gardens. This year's event raised more than $118,000 for the Nobel of Indiana. Comcast has sponsored the event since its inception eight years ago.

Comcast was a Bronze Colonnade sponsor of the Indianapolis Neighborhood Housing Partnership's Home Fair, March 12-13, at Glendale Mall. The Home Fair is designed to provide assistance to people who are seeking to purchase their first home.

Comcast sponsored the Center for Leadership Development's annual Minority Achievers Awards Dinner, March 14, at the Convention Center. Center for Leadership Development provides training and mentoring services for the city's underserved youth.

Comcast partnered with the Indiana Bloom Center and hosted an on-site mobile blood drive, March 16. Twenty-one (21) employees generously rolled up their sleeves to help more than 100 Hoosiers in need of blood transfusions.

Comcast sponsored the 9th Annual Murphy-McClamroch St. Patrick's day Benefit for the Homeless, March 17. The event bears the names of Mike Murphy, State Representative and Republican State Party Chair, and Toby McClamroch, attorney with Bingham McHale, LLP. Over the past nine years, the event has contributed more than $35,000 to help Indianapolis homeless shelter.

Comcast was a media sponsor of the American Red Cross Hall of Fame Luncheon, March 23. This luncheon celebrates the spirit of heroism by recognizing those who have put the lives of others above their own. The event was taped and will be aired on Comcast's Leased Access channel on a yet-to-be-determined date.

Mr. Delph stated in conclusion, Comcast has responded to Scott Lewis and his position regarding the franchise fee audit. Mr. Delph stated Comcast continues to retain their position regarding launch fees. He stated Peter Feinburg, Comcast Corporation Counsel, had given the Board two in-depth explanations of Comcast's position. Mr. Delph stated in February Comcast provided the Board with further dialogue and discussion on the matter with Pete Kieltyka, Comcast's Regional Vice President of Finance. Mr. Delph stated per the request of the Board, he has provided the board with a financial report which shows where the launch fees are recorded. He said furthermore, Comcast maintains, per their correspondence dated December 16, 2005 to the Cable Communications Agency, that as of the result of Scott Lewis audit, the City owes Comcast $78,128.00. Mr. Delph stated Comcast looks forward in working with the City to resolve this outstanding matter.

Mr. Delph concludes his report and opens for questions.

The next item on the agenda was the ETC report.

Mr. Earl Harris stated the Indianapolis Public Schools has produced "The VHI-IPS Instrumental Concert and IPS Songfest." It is a compilation of two concert performances by IPS elementary students. The 2nd annual VHI-IPS Instrumental Concert features 24 IPS elementary schools and the band and orchestra of Broad Ripple High School. The Inaugural Songfest features over 800 IPS elementary students with a performance by Jordan Jazz of Butler University. Selected songs from the Songfest concert will be featured in this hour long televised event. The program can be seen on ETC 1.

IPS will be producing the third "Celebration of Peace." This show will originate from the Murat Temple of May 5th. It will spotlight and celebrate students within IPS who have made a commitment to peace in schools.

IPS will produce its annual "IPS Talent Showcase." The show will feature students within IPS singing, dancing, playing music, as well s showing other talents. The show will be seen live on ETC 1 from 6-7pn Friday, May 6.

Under new business, Ken Montgomery addressed the Renewal of Megatrax license. He stated the Megatrax license is between Channel 16 and Megatrax, which have been in place for four years. He stated Megatrax provides Channel 16 to licensee the Musical Works in the Library in the form of compact discs, DAT tapes, or any other formats made available by Megatrax. The term of this Agreement shall be for a period of one (1) year.

Mr. Blum asked if Channel would have to use Megatrax forever.

Mr. Montgomery stated if Channel 16 showed Megatrax music and allowed the music license to expire channel 16 would have to retire the program.

Mr. Blum asked if there could be any savings regarding this licensee.

Mr. Montgomery stated there could be, however Megatrax have shown their service as reliable.

Mr. Blum asked Mr. Bryant, Corp Counsel, if he was comfortable with the vendor being in California.

Mr. Bryant stated no, however he said Ken Montgomery and he have talked and since this have been the same license agreement he feels this could be a exceptions and such exceptions have been made.

Mr. Blum requested a motion to accept the license agreement with Megatrax. Motion was made by Mr. Lynch and seconded by Mr. Winston to approve the Megatrax license. Motion carried unanimously.

Under old business, Mr. Maultra address the 2005 Bright rate order. Mr. Maultra stated Action Audits reviewed the 1240 and 1205 rate filings for Bright House Networks. The 1240 –Basic Cable Service Tier to set a new regulated rate for basic cable service. The 1205-equipment and installation charges to set new regulated rates for equipment rental and installation services. Mr. Maultra stated the auditor has looked at the forms and he is recommending the approval of the 1240 and 1205 filings for the year 2005. He stated the Cable Agency recommends the Cable Board approve the auditor findings.

Mr. Lynch asked if the rate of basic service rate has grown at the rate of inflation he asked if this is what is expected.

Mr. Maultra stated yes.

Mr. Blum requested a motion to approve the 1240 and 1205 rate filing.

Mr. Lynch asked if the Board would also be approving the 1235.

Mr. Maultra stated there was not a 1235. He highlighted the language of the 1235 stating the mention of the 1235 in the rate filings. He stated Bright House resolved the 1235 problem by entering into an agreement with the City, that was codified in a Rate Order, whereby BHN agreed to reduce its MPR by 16-cents hereinafter. He stated the language of the 1235 reads the Federal Communication Commission (FCC) form 1235-Abbreviated Cost of Service Network Upgrade. He said filing with the Cable Agency to set the regulated rate for the monthly network add-on charge may no longer be justified.

Mr. Lynch stated that the Board needs to be assured that when these filings are accepted, there will not be any additional filings from Bright House this year.

Mr. Maultra stated that is correct.

Mr. Blum requested a motion to approve the 1240, 1205 and the 1235 rate filing. Motion was made by Mr. Winston seconded by Mr. Lynch to approve the 1240 and 1205 rate filing. Motion carried unanimously.

Under public comment, Ronald Rodgers, John Gibson, Ed Cohen, Sandy Hask, Andrea Price, Robert Jennings, Kurt Johnson and David Piebrow all voiced their desire of having Public Access in the City of Indianapolis.

Mr. Blum stated the decisions to eliminate Public Access were made years ago. Stating since then there is a new administration and new Cable Board. He stated the current franchise agreement expires in three years stating in that time there will be a negotiation process. He said there is some things that can be done such as looking at the second ETC channel, which is, not be used. He asked the Public Access supporters to be patient and the Board will try to work something out.

Mr. Lynch stated the people have the ability to encourage whether or not there will be a Public Access through their voice.

Mr. Winston asked if the organization developed a Resolution, calling upon Indianapolis to have Public Access television.

Ms. Price stated no.

Mr. Winston stated that might be a good idea to get something from an Organization that point out whereas the following Cities have Public Access in the State of Indiana.

Mr. Blum adjourned the meeting.

_______________________________

Mr. Peter Blum, Chair

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Mr. Robin Winston, Member

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Mr. Daniel Lynch, Member

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Ms. Janise Winston, Recording Secretary