January 1996

January 9, 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

MEMBERS ABSENT

Julian Martinez Jr., 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:
October 10, 1991 - Regular Session
of the Cable Franchise Board meeting, it was seconded by Mr. Robert Lugar, motion carried.

Mr. Donald Hargadon requested that the order of the Agenda be changed to move to an item under Old Business - Letter of Agreement between Government Cable Channel 16 and Butler University, WTBU.

Old Business

Mr. John Knox, Manager of Government Cable Channel 16, stated that it was discussed at the November 21, 1991, Cable Franchise Board meeting, that Butler University WTBU TV 69, would like to broadcast Government Cable Channel 16 programming over its UHF Television Station, known as WTBU Channel 69.  Mr. Knox further stated that it would also allow non-cable subscribers to view their Live telecast of the City-County Council meetings, as well as events mutually agreed upon.  Anyone in Marion County that has an UHF antenna will be able to receive Government Cable Channel 16's programming through Channel 69.

Mr. Knox introduced Mr. Jack Tiller, Operations Manager for WTBU at Butler University, who first initiated the proposal.

Mr. Donald McPherson asked if it is the intent of Government Cable Channel 16 among other programming to carry Live coverage of City-Council meetings.  Mr. Knox responded that Butler University will be pulling the feed off the "B" cable.  American Cablevision has provided a cable run to Butler University facility located on North Illinois Street where Butler is currently maintaining their studio.

Mr. Robert Lugar asked was this a violation of the current franchise agreement, being that subscribers pay for certain portions of the operation of Government Cable Channel 16.  Mr. Steve Neff, City Legal, stated he has reviewed the franchise agreement, and did not find anything prohibiting carrying current programming.  Mr. Knox stated that Government Cable Channel 16 is currently operating out of the total revenues of the franchise fees, and the budget only consists of 13.6% of those revenues.

Mr. Knox further stated that the City will provide tapes of locally produced programming which is copyrighted by the City's Government Channel 16 to Butler for broadcast over WTBC Channel 69.

After further discussion from John Knox, Government Cable Channel 16, and Jack Tiller, Operating Manager of Butler University and the Board members, a motion was made by Mr. Donald McPherson, to adopt Resolution No. 1, 1992, to allow for the broadcast of Government Cable Channel 16 programming on WTBU, Channel 69 and the viewing public, it was seconded by Mr. Robert Lugar, motion carried.

Mr. Donald Hargadon, Chairman, moved back to the original order of the Agenda.

Topics of Discussion

Mr. Donald Hargadon stated that in reviewing the Walker DataSource: Cable Television Subscriber Survey, data for the 4th Quarter, there seems to be a consistency of significant differences in American Cablevision's repair service going from 73% in the 2nd Quarter, to 81% in the 3rd Quarter, and 88% in the 4th Quarter.

The survey reflects that experiencing outages seems to be still climbing constantly.  The Cable companies have spoken to the point that the City has not determined how long the subscribers are out of service.  Mr. Hargadon further stated that 88% of American Cablevision subscribers and 95% of Comcast Cablevision subscribers have experienced outages in the 4th quarter.

Mr. Jay Satterfield, American Cablevision, stated that the percentage does seem high to them.  American Cablevision would say that what they have experienced this year is actually a downward trend, especially in the 4th quarter where the overall number of outages are actually down.

Mr. Robert Lugar stated that the Data: WalkerSource Survey is showing 88% of American Cablevision subscribers are having outages, and it seems that American Cablevision can prepare this survey to their Operating Performance Standards Survey to see if customers are actually experiencing an outage.  Mr. Satterfield responded that a subscriber who has an interruption of service may say its an outage, when actually they may have an individual service problem.  American's Survey can show both the outages and service calls in each month, and how long that their service was out.

Mr. Satterfield further stated that their Operating Performance Standards Survey is conducted monthly.  Mr. Satterfield also stated that they will provide the Cable Franchise Board members their survey each month.

Mr. Robert Lugar asked if Comcast Cablevision also conducts an Operating Performance Standards Survey.  Mr. Satterfield stated that he does not know, but the Cable Industry adopted those standards in order to know if they are complying.

After further discussion by Jay Satterfield, American Cablevision, and the Cable Board members, it was requested by the Cable Franchise Board members, and agreed by Mr. Jay Satterfield, American Cablevision, to send American Cablevision's Operating Performance Standard Survey each month to the Cable Franchise Board members.

Mr. Donald Hargadon requested that the Cable Franchise Board Secretary send a copy to each of the Cable Board members the percentage results of questions 39A and 39B of the Walker DataSource: Cable Television Subscribers survey.

Mr. Donald Hargadon stated that he has not heard from the Cable Franchise Board members of their suggestions on the revision of the Walker DataSource: Cable Television Subscribers Survey questionnaire.

Mr. Donald McPherson stated the new contract and/or payment has not been approved by the new administration for Walker DataSource.  The approval of expenditures for Walker DataSource should be in place before proceeding with the questionnaire survey.

Mr. Joe Rink asked if the Cable Board members could look at a shorter survey that would cost the City less money.  Mr. McPherson responded that questions could be eliminated if they are not useful to the Cable Franchise Boards's role.

After further discussion, Mr. Hargadon suggested that the Cable Board members review the questionnaire and with hope that the funding would be approved by the next Cable Franchise Board meeting.

Mr. Jay Satterfield, American Cablevision, briefed the Cable Franchise Board members on Resolution No. 4, 1991, regarding an agreement with Toshiba Corporation and D. Itoh and Company Ltd.  This resolution is announcing an agreement to create a unique strategic partnership at the subsidiary level, to be known as Time Warner Entertainment Company, L.O. ("TWE").  Time Warner, through subsidiaries, will be the managing general partner of TWE with full management, operational and creative control over TWE's cable and other business.

Mr. Steve Neff, City Legal, stated that Resolution No. 4, 1991, has been revised by striking "to be the grantee" in the eighth paragraph and striking "authorized and consented" in the ninth paragraph.

After further discussion, from Bob Elrod, City-County Council's Office, Mr. Steve Neff, City Legal and the Cable Board members, a motion was made by Mr. Robert Lugar, to approve Resolution No. 4 1991, it was seconded by Mr. Joe Rink, motion carried.

There being no further business, the meeting was adjourned.

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