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February 6, 1992
February 6, 1992 - 3:30 PM
Room 120 City-County Building
MEMBERS PRESENT
Donald Hargadon, Chairman
Donald R. McPherson, Board Member
Joe Rink, Board Member
Robert Lugar, Board Member
STAFF PRESENT
Steve Neff, City Legal
John Knox, Government Cable Channel 16 Studio Manager
Bob Elrod, City-County Council's Office
The meeting was called to order by Chairman Donald Hargadon.
Motion was made by Mr. Donald McPherson to approve the minutes of:
January 9, 1992 - Regular Session of the Cable Franchise Board meeting, with noted corrections, it was seconded by Mr. Joe Rink, motion carried.
Mr. Donald Hargadon asked Mr. Donald McPherson the status of the financing for the Walker DataSource: Cable Television Subscribers Survey Study. Mr. McPherson stated that at some point MaxTel should be included in the survey. Mr. Rink asked when does the current Franchise Agreement expire.
Mr. Steve Neff, City Legal, stated that Comcast Cablevision's Franchise expires May 18, 1996, and American Cablevision Franchise expires February 19, 1996. Mr. Donald McPherson stated that nothing would prevent earlier discussions on the Franchises. Mr. Robert Elrod, Attorney for the City-County Council, stated that the statue says within a 30 to 36 month window, something has to happen in respect to the renewal. Further, the statue says you can negotiate an extension at anytime. If an unsuccessful negotiation starts outside the 30 to 36 window, it would be how the rights following after what happened in that window whether it would apply. Under normal circumstances the Cable Board should not take those negotiations too far before that window opens.
Mr. Rink Stated that without knowing the status of the Mayor's Office determination of the Cable Television Subscribers Survey Study, the Cable Franchise Board should not act on the study at this time. After further discussion from the Cable Franchise Board members, a motion was made by Mr. Joe Rink to table the Cable Television Subscribers Survey Study until the next regularly scheduled Cable Franchise Board meeting. It was seconded by Mr. Donald McPherson, motion carried.
Mr. Donald Hargadon stated that MaxTel Cablevision wrote a letter of intent to the Cable Franchise Board members regarding granting a limited cable television franchise which would allow MaxTel to provide improved service to its existing subscribers.
Mr. Hargadon asked if the Cable Franchise Board can discuss MaxTel's request if the Omega's Television lawsuit is still pending. Mr. Steve Neff, City Legal, responded that he is not the attorney handling Omega's Satellite lawsuit. Mr. Neff further stated that he does not believe that it would forbid the Cable Franchise Board from taking and acting in the consideration of the letter from MaxTel Cablevision.
Mr. Donald McPherson stated that this particular application at this point does not include the same apartments. Further it is his understanding that MaxTel is negotiating with Oxford Development to take over the rights to serve two additional apartments. If the negotiation is successful, it may be their intent to amend their request to include those apartments. At the same time they would not want to get cross-waved with the City of Indianapolis at the time they are applying for a franchise for an illegal crossing.
Mr. Bob Lugar stated he thought when you apply for a franchise is when you want to interconnect between the two existing franchises. Mr. Hargadon stated that MaxTel's application is a little different in the Omega's case. Mr. Hargadon further stated that what MaxTel is agreeing to is that they would like a full franchise and will pay the city the 3% of their gross income for the use of the public right-away.
Mr. Hargadon asked if the cable companies have any comments on MaxTel's request. Mr. Jerry Murray, Comcast Cablevision, stated that this has been MaxTel's intent for a number of years. MaxTel is a SMATV operator and Congress recognizes them as such, not as a cable operator. They are exempt from a lot of legislation that is currently pending in Congress. They have built in highly dense and lubricative apartment complexes in Indianapolis. These are conclusive contracts and they are not allowing anyone to compete with them in these complexes. The letter sounds as if it is doing the community a service by servicing apartment complexes and the cable operators only real interest is single family homes.
Mr. Jay Satterfield, American Cablevision, stated that the point that is not coming out is, MaxTel Cablevision probably is wondering why the current cable companies have not offered the apartment complexes owners an inducement to keep their business. When inventively what is going to happen is that MaxTel will approach an apartment complex in order to keep the business and then the cable companies would have to pay MaxTel. MaxTel will not go in an apartment complex unless they have an exclusive agreement.
After a lengthy discussion from Mr. Jerry Murray, Comcast Cablevision, Mr. Jay Satterfield, American Cablevision, Mr. Bob Elrod, Attorney for the City-County Council, and the Cable Franchise Board members, a motion was made by Mr. Bob Lugar to hold a Public Hearing on March 19, 1992, at 3:30 PM regarding MaxTel's letter of intent for an exclusive contract, it was seconded by Mr. Donald McPherson, motion carried.
Mr. Donald Hargadon informed the Cable Franchise Board members that he will be out of town on March 5, 1992, which is a scheduled Cable Franchise Board meeting, and requested that the meeting be cancelled.
Under Old Business
Mr. Bob Lugar stated that he has had a chance to work on his proposed Cable Television Subscribers Survey questionnaire and asked that the Secretary to the Cable Franchise Board send copies to the other Cable Franchise Board members.
Mr. Donald Hargadon stated that he attended the City-County Council meeting on Monday, February 3, 1992, and one of the items on the agenda was the change of ownership of American Cablevision. Further discussion will be heard at the Committee hearing for public testimony on Tuesday, February 11, 1992 at 4:30 PM in Room 260 of the City-County Building.
Mr. Hargadon stated that he has received three letters from schools expressing the importance of the $75,000 grant that the Cable Franchise Board approved in 1991 for the Educational Access Channel. Mr. Hargadon further stated that he would like the Secretary to the Cable Franchise Board to send copies to each Cable Franchise Board member.
There being no further business, the meeting was adjourned.
| Adjournment at 4:30 PM, E.S.T. |
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| Cable Franchise Board |
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| _____________________________ |
| Donald Hargadon, Chairman |
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| _____________________________ |
| Joe Rink, Board Member |
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| _____________________________ |
| Donald McPherson, Board Member |
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| _____________________________ |
| Robert Lugar, Board Member |
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| Date of Board Approval: |
| _____________________________ |
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| Attest: |
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| _____________________________ |
| Theresa A. Smith, Secretary |
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