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HomeMy WebLinkAboutCable Advisory Board 1991 Minutes RECORD OF INFORMATION SESSION CABLE ADVISORY BOARD REGULAR MEETING Wednesday, December 4, 1991, 5:30 PM loth Floor Conference Room, City Hall At the scheduled regular meeting time, Board Chairperson Therese Porn noted that a quorum was not present. ROLL CALL Present were: Therese Clingman Porn Frank Buzzitta Luke Schafer Ryan Wilson Absent were: Jim Holcomb, excused Pauline Johnson, excused Michael Marotta Also present were: Pat Wilson, Lansing System General Manager, Continental Cablevision Michelle Webb, Programming Director, Continental Cablevision Dolores and Shiner Burley, GNS-39 Ron Onufer, City Council Principal Legislative Assistant Karen Schmidt, Cable Channel 28 Manager Lacking a quorum, the Board did not conduct a business meeting. Several items were informally discussed as an information session. The group adjourned at 6:20 PM. Prepared by Ron Onufer, Board Secretary 1 REGULAR MEETING LANSING CABLE ADVISORY BOARD Wednesday, December 4, 1991 -- 5:30 PM loth Floor Council Chambers, City Hall AGENDA 1 . Call to Order a. Roll Call b. Excused Absences 2 . Review and Approval of Minutes 3 . Public Comment on Agenda Items 4 . Communications and Petitions a. Letter from Betty Carter-Cooney amending grant application 5 . Reports a. From the Chairperson b. From the Vice Chairperson C. From the Secretary d. From the Cable System General Manager 6 . Action Items a. Contracts with Grant Recipients (draft attached) 7 . Discussion and Pending Items a. Access Channel Operating Rules b. Possible Meeting with Local Producers 8 . Tabled Items a. Letter from Delores Burley regarding Channel 39 (pending report from the City Attorney) b. Subcommittee proposal from Boardmember Marotta 9 . Receipt of Late Items (action requires suspension of Rules) 10 . Public Comment 11 . Adjourn MINUTES CABLE ADVISORY BOARD REGULAR MEETING Wednesday, November 6, 1991, 5:30 - 7:30 PM and resumed Thursday, November 7, 1991, 5:30 PM loth Floor Chambers, City Hall The meeting was called to order at 5:35 PM on Wednesday, November 6, 1991, by Therese Porn, Chairperson. She announced that a scheduling conflict required the Board to vacate the Chambers by 7:30 PM. Therefore, the meeting would be recessed at or before 7:30 PM, and resumed at 5:30 PM on Thursday, November 7th. ROLL CALL All seven members of the Board were present: Frank Buzzitta Therese Clingman Porn Jim Holcomb Luke Schafer (5:45 PM) Pauline Johnson (6:30 PM) Ryan Wilson Michael Marotta Also present on Wednesday were: Pat Wilson, Lansing System General Manager, Continental Cablevision Michelle Webb, Programming Director, Continental Cablevision Ron Hartman, Vice President, Continental Cablevision Ellen Palmer, Impression 5 Science Museum Dolores and Shiner Burley, GNS-39 Melvin Markham and Geneva Smith, M&G Productions Harold Leeman, 529 North Francis Lloyd Teets, 116 East Elm Ron Onufer, City Council Principal Legislative Assistant Karen Schmidt, Cable Channel 28 Manager Tina Gallante, City Council Administrative Secretary MINUTES -- not available 1 PUBLIC COMMENT ON AGENDA ITEMS Harold Leeman remarked that the Board should set aside money from the grant fund to promote public access programs. Dolores Burley said she submitted a grant application on behalf of GNS - Cable Channel 39 but was still awaiting clarification from the City Attorney on eligibility. COMMUNICATIONS AND PETITIONS The Board received an informational letter from Michelle Webb about the several grant applications requesting funds for Amiga computers. These computers are very popular for desktop video production. A special circuit board called a Video Toaster changes an Amiga into a powerful video device with several outstanding functions. REPORTS Chairperson Porn reported on several items: The City Attorney has not yet received documents he requested from GNS-39. Until the Board completes its first grant review cycle, a "get acquainted" meeting with the East Lansing Cable Commission should be postponed. The telephone company legislation discussed at the last meeting was passed by the State Senate and was expected to move quickly through committee in the House. One vacancy still exists on the Board, and the Mayor has not yet submitted a nominee to City Council. Ron Onufer and Karen Schmidt were commended for their "live" cablecast of November 5th election results on Channel 28. The Board can expect to begin the next round of applications, for 1991 grant funds, in early 1992. Vice Chairperson Mike Marotta hoped the Board would entertain his proposal for subcommittees as soon as recommendations on 1990 grants were finished. Board Secretary Ron Onufer reported an anonymous telephone complaint about a public access program on Channel 37. The caller said the program had obscene language and drinking of alcoholic beverages on camera. Mr. Onufer consulted Michelle Webb, who said the program was called "Skits" and was produced at WELM in East Lansing. Mr. Onufer said public access programs are not censored for content, but producers must comply with access operating rules. Unfortunately, the existing rules are very old and need to be updated. This is a task that is included in the Board's charge. 2 Cable System General Manager Pat Wilson announced that Nov. 10-16 was Parents' Week on Cable Channel 6, the local origination channel programmed by Continental. She also distributed a brochure highlighting educational programming on cable that families can watch together. The brochure also explained "Cable in the Classroom," an effort by Continental and other cable companies and cable networks such as CNN to provide commercial-free programs to local schools. ACTION ITEMS DIVISION OF 1990 FUNDS BETWEEN GRANTS & EXPENSES_ Chairperson Porn noted that the 1990 grant fund available amounted to $36,382.66 and the grant applications to be considered later added up to $175,192.66. The Board discussed costs of program promotion and any expenses the Board itself might have. BOARDMEMBER RYAN WILSON MOVED TO ALLOCATE $1,800 FROM THE 1990 GRANT FUND FOR PROMOTION AND BOARD EXPENSES. CARRIED UNANIMOUSLY. REVIEW OF GRANT APPLICATIONS The Boardmembers discussed the grant applications in general, using a summary sheet provided by Mr. Onufer. The first topic brought up was requests for videotape. Chairperson Porn thought it made more sense to make one large purchase of videotape at bulk quantity prices for distribution to producers, rather than giving each grant recipient an amount for tape. BOARDMEMBER JIM HOLCOMB MOVED TO AUTHORIZE CONTINENTAL TO MAKE ONE LARGE PURCHASE OF VIDEOTAPE,BASED ON THE TOTAL OF APPROVED REQUESTS, AND DISTRIBUTION BY CONTINENTAL TO EACH GRANT RECIPIENT. CARRIED UNANIMOUSLY. Chairperson Porn noted that several applications were for Amiga computers, including the application from Continental's public access channel for an Amiga 500 as a titler/character generator. After discussion of the Amiga's capabilities, it was agreed that a fully-outfitted machine should be available for public access producers. BOARDMEMBER HOLCOMB MOVED TO AUTHORIZE PURCHASE OF AN AMIGA COMPUTER WITH EXPANDED MEMORY, A COLOR MONITOR, AND A VIDEO 3 TOASTER BOARD WITH A MAXIMUM EXPENDITURE OF $6,020 FOR THE PUBLIC ACCESS FACILITY. CARRIED UNANIMOUSLY. Ms. Webb withdrew Continental's grant application for an Amiga 500. After brief discussion of several topics, the Board decided to deal with those grant applications considered top priority. In several cases the Board reached consensus without a formal motion. Mr. Onufer reported that the City Attorney was requesting no Board action on the application from CARCTA/GNS until legal issues were resolved and GNS was determined to be clearly eligible for City grants. Decisions on grant applications were as follows: RSVP - recommend grant of $1,300 plus videotape worth $373 for a total of $1,673 for the organization's public access series "Yesterday's Youngsters". Dale Dobberstein - recommend grant of $600 plus videotape worth $300 for a total of $900 for his public access series "Lansing Insight". Darryl Burgess - recommend grant of videotape worth $395 for his public access series "Required Viewing". Petra Daher - recommend grant of videotape worth $319 for his public access series "Transcendental Television". Impression 5 Science Museum - recommend grant of $812 plus videotape worth $600 for a total of $1,412 for the organization's public/educational access series "Dr. Zap's Science Show." CHAIRPERSON PORN THEN RECESSED THE MEETING AT 7:20 PM, ANNOUNCING THAT THE BOARD WOULD RESUME ITS DELIBERATIONS AT 5:30 PM ON THURSDAY, NOVEMBER 7, 1991, IN THE COUNCIL CHAMBERS. The recessed meeting was called back to order at 5:35 PM on Thursday, November 7, 1991, by Chairperson Porn. All members were present 4 except Jim Holcomb, who had requested an excused absence the night before. The Board returned to the matter of grant application reviews, with the following decisions made: Lansing School District - on a motion by Vice Chairperson Marotta, the Board unanimously agreed to recommend funding for Quiz Bowl licensing fees (to a maximum of $4,272.45) and videotape, for a total of $6,176.72 toward the school district's television productions on Cable Channels 40 and 41. The school district would receive cash for their videotape purchase because of the very favorable price they pay for videotape through the State Department of Education. Kim Miller - on a motion by Boardmember Luke Schafer, the Board unanimously agreed to recommend full funding of $300 in cash plus videotape worth $415 for a total of $715 for Ms. Miller's public access series "MTR-TV". Lansing Community College - Michelle Webb gave the Board a firm price quote of $5,330 from Cruse Communications in East Lansing for a fully-outfitted Amiga computer that would accomplish the list of tasks noted in LCC's application. Boardmember Frank Buzzitta moved to recommend a grant of $8,339 to the community college for their television productions on Cable Channel 36; carried unanimously. This amount corresponded to the amount requested for Amiga hardware and software, less $1,895 for a Single Frame Video Recorder. Discussion digressed to normal operation of the public access studio. The Board learned that the studio is open to producers weekdays until 10 PM. In response. to the Board's questions, Pat Wilson agreed to look at Saturday hours for the public access studio, with an analysis of staff costs, and report back to the Board. M & G Productions - On a motion by Boardmember Ryan Wilson, the Board unanimously agreed to recommend an allocation of videotape worth $50 for their public access series "Sharing". Boardmember Wilson moved to reduce the amount allowed for an Amiga computer for the public access facility to $5,330. Carried unanimously. Boardmember Buzzitta moved to recommend an amount of $2,260 to purchase two Panasonic AG-190 camcorder systems for the public access 5 facility, to increase the availability of primary production equipment to producers. The amount was provided by Ms. Webb on a quote from Cruse Communications. Carried unanimously. The previous two motions total $7,590 in grant funds to Continental for public access equipment. Betty Carter Cooney - Mr. Onufer said he had talked with Ms. Carter AQ�V Cooney about the eligibility of her series for grant funding. She has a fine '� ,,2-(` reputation as an access producer, and the interview segments of her programs have great value to the community. Ms. Carter Cooney agreed to submit a revision to her application, separating the gospel singing and interview segments into two different series. Her interview shows would then qualify for grant funds. The Board approved Boardmember Schafer's motion to recommend a grant of $390 plus videotape worth $300, for a total of $690, to Betty Carter Cooney for her interview series, based on a revision to her application. The Board instructed the Secretary to send a letter to all applicants advising them of actions taken by the Board and the City Council. The Board then reviewed remaining applications, most of which were not recommended for funding by the Council staff or the programming staff at Continental. Boardmember Buzzitta moved to deny Maritime Research Associates' grant application. Carried unanimously. Vice Chairperson Marotta moved to recommend one box of 3/4-inch videotape for Martone Williams. Failed on a vote of 1 yea, 5 nay, with Mr. Marotta voting for his own motion. As a result, no grant funds were recommended for Martone Williams. Vice Chairperson Marotta moved to recommend a grant of $150 plus videotape worth $340, for a total of $490, to B. David St. James. During discussion of the motion, Mr. Onufer played the videotape supplied by the applicant as representative of his work. After a few moments' of watching the tape, Ms. Webb advised the Board that she and her staff had produced the videotape, not Mr. St. James. Mr. Marotta's motion was withdrawn and no grant funds were recommended for Mr. St. James. Vice Chairperson Marotta moved to deny Bradley Throop's grant application. Carried unanimously. 6 Vice Chairperson Marotta moved to deny the grant application from the Hungry Children Foundation. Carried unanimously. Boardmember Pauline Johnson moved to deny the grant application from Ammahad Wnaikau. Carried unanimously. Boardmember Johnson moved to deny the grant application from Dan Roushey. Carried on a 5 yea, 1 nay vote, with Chairperson Porn voting no. Boardmember Buzzitta moved to deny the grant application from Michael Williams, II. Carried unanimously. Vice Chairperson Marotta moved to deny the grant application from Steve Perdue. Carried unanimously. Boardmember Johnson moved to deny the grant application from James H. Horn II. Carried unanimously. Vice Chairperson Marotta moved to deny the grant application from Randy Matthews, noting that Mr. Matthews' request for an Amiga computer would be satisfied by the new computer at the public access facility. Carried unanimously. Boardmember Buzzitta revisited the application from the Lansing School District, moving to recommend an additional $567 to their grant to pay for Quiz Bowl trophies. Carried unanimously. This action raised the Board's total recommendation for the Lansing School District to $6,684. Vice Chairperson Marotta moved to recommend an allocation of videotape to CARCTA. Several members asked Mr. Marotta to withdraw his motion, due to the request from the City Attorney that the application from CARCTA be held without action until further notice. Mr. Marotta called for a vote on his motion. Motion failed on a vote of 2 yea, 4 nay. In summary, the Board voted to recommend cash grants totalling $26,015 and allocations of videotape worth $2,752 to applicants. Another $1,800 was recommended for Board expenses and promotion of access programs, leaving a reserve amount of $5,815.66 in the 1990 grant account. DISCUSSION AND PENDING ITEM - none 7 PUBLIC COMMENT - none The meeting was adjourned at 8:40 PM. Respectfully submitted by Ron Onufer, Board Secretary Approved by the Board as (printed) (amended) and THERESE PORN Chairperson 8 REGULAR MEETING LANSING CABLE ADVISORY BOARD Wednesday, November 6, 1991 -- 5:30 PM loth Floor Council Chambers, City Hall AGENDA 1 . Call to Order a. Roll Call b. Excused Absences 2 . Review and Approval of Minutes (draft not available) 3 . Public Comment on Agenda Items 4 . Communications and Petitions a. Letter from Michelle Webb regarding Amiga computers 5 . Reports a. From the Chairperson b. From the Vice Chairperson C. From the Secretary d. From the Cable System General Manager 6 . Action Items a. Division of available funds between programming grants and promotion/Board expenses b. Review of Grant Applications RECESS AT 7:20 PM, WITH MEETING TO RECONVENE AT 5:30 PM ON THURSDAY, NOVEMBER 7, 1991, IN THE COUNCIL CHAMBERS 7 . Discussion and Pending Items -- none 8 . Tabled Items a. Letter from Delores Burley regarding Channel 39 (pending report from the City Attorney) b. Subcommittee proposal from Boardmember Marotta 9 . Receipt of Late Items (action requires suspension of Rules) 10 . Public Comment 11 . Adjourn MINUTES CABLE ADVISORY BOARD REGULAR MEETING Wednesday, August 14, 1991 -- 5:30 p.m. loth Floor Conference Room, City Hall The meeting was called to order at 5:35 p.m. by Therese Clingman Porn, Chairperson. ROLL CALL Six members of the Board were present: William Blanchard Therese Clingman Porn Jim Holcomb Luke Schafer Michael Marotta Ryan Wilson Absent Members: Pauline Johnson Frank Buzzitta Also present were: Pat Wilson, Continental Cablevision General Manager K.C. Steckelberg, Continental Cablevision Governmental Manager Dolores Burley, CARCTA Paul Garret, CARCTA Ron Onufer, City Council Principal Legislative Assistant Karen Schmidt, Cable Channel 28 Manager Tina Gallante, Council Staff MINUTES OF IULY 10 1991 MEETING MOTION MADE TO APPROVE THE MINUTES AS WRITTEN. CARRIED UNANIMOUSLY. 1 PUBLIC COMMENT ON AGENDA ITEMS, - none REPORTS Chairperson Porn reported that the Council reviewed the policy for separation of church and state. The Council wants a recommendation from this Board on this issue so that it can be dealt with in an expedient manner. Vice Chair Marotta submitted informational communications to the Board: An article, "Connecting Your Computer to Cable TV Doubles the Dimensions of Cyberspace," and a memo from Mr. Doug Berg regarding the City of Lansing V. Rose Circuit Court case. Secretary Onufer reported that the Council reviewed the Board's Rules of Administrative Procedure and approved them on the recommendation from the Committee on General Services. They are now in effect. The General Services Committee awaits the recommendation from this Board on the wording for the policy statement on religious programming. The remaining policy statements submitted by the Board were acceptable to both committees of Council. COMMUNICATIONS AND PETITION Continental Cablevision's announcement of its $12 million rebuild in the greater Lansing community was received. Ms. Wilson reviewed the announcement with the Board. The major portion of this year and next will be used to do surveys and interviews with subscribers and programmers to see what expectations exist for the rebuilt system. She then introduced Ms. Steckelberg to the Board. ACTION ITEMS Wording for Policy Statement to Prohibit Use of City Grant Funds for Religious Programming The Board began debate over the wording for the statement on religious programming. The legal definition of religion was reviewed by the Board. Many modifications were made on how the wording should read. Much 2 discussion ensued relative to what guidelines to follow for grants. After continued debate, the following motion was made: MR. WILSON MOVED TO HAVE THE DEFINITION FOR RELIGIOUS PROGRAMMING READ, "ANY PROGRAM THAT HAS A RELIGIOUS PURPOSE, OR ANY PROGRAM THAT HAS A PRIMARY EFFECT OF ADVANCING OR INHIBITING A RELIGION." MOTION FAILED, 4-2, with Mr. Holcomb and Mr. Schafer voting no. Board President Porn reminded the members that policies can always be changed. The Council will not act on anything until this Board makes its recommendation. The Board was awaiting the arrival of the City Attorney to the meeting for his legal opinion. Board Secretary Onufer briefly left the meeting to find out if Attorney Knot was still going to attend. Upon Mr. Onufer's return, he indicated that Mr. Knot would not be able to attend the meeting and he requested that the Board not do anything until he meets with them. Pending. DISCUSSION AND PENDING ITEMS FCC Definition of "Effective ompetition"/Rate Regulation Ms. Wilson briefly reviewed the impact of the revised FCC rule on effective competition. Because Lansing residents can receive six or more television stations by means of an antenna, this area's cable systems have effective competition from over-the-air signals. Therefore, local cable systems will not be subject to rate regulation by their franchising authorities. TABLED ITEM Letter from Delores Burley Regarding Channel 39 Ms. Burley thanked the Board for having the opportunity to be an applicant. Board President Porn indicated that her letter was referred to the City Attorney's Office. The Board is awaiting the Attorney's response. RECEIPT OF LATE ITEMS None. 3 PUBLIC COMMENT None. OTHER Wording for Advocacy Programs The Board considered wording to be included in grant applications regarding advocacy programs, meaning programs advocating a particular idea or action. Board Vice Chair Marotta indicated that he feels this is undefinable and he would not be voting for specific language. The Board reviewed different options for a statement on advocacy programs. BOARD VICE CHAIR MAROTTA MOVED THAT ADVOCACY PROGRAMS BE RESTRICTED FROM RECEIVING CITY GRANT FUNDS. MOTION FAILED, 1-5, with Mr. Blanchard voting in favor. MR. BLANCHARD MOVED TO ADD AN ITEM 6 TO THE BOARD'S POLICY RECOMMENDATIONS: "THE CITY OF LANSING IS NOT RESPONSIBLE FOR THE PROGRAMS CONTENT. GRANTEES SHALL AGREE TO PROVIDE A SCREEN CREDIT READING: THIS PROGRAM WAS MADE POSSIBLE IN PART BY A GRANT FROM THE CITY OF LANSING." MOTION CARRIED UNANIMOUSLY. Next meeting scheduled for Wednesday, September 4, 1991, 5:30 p.m. [This meeting date was later postponed by the Chair after consultation with the Secretary and the City Attorney.] The meeting was adjourned at 7:25 p.m.. Respectfully submitted by Tina M. Gallante Approved by the Board as (printed) ded)' on amen J Z, z/Z1 THERESE CLINGMAN PORN Chairperson 4 REGULAR MEETING LANSING CABLE ADVISORY BOARD Wednesday, August 14, 1991 -- 5:30 PM loth Floor Conference Room, City Hall AGENDA 1 . Call to Order a. Roll Call b. Excused Absences 2. Review and Approval of July 10, 1991, Minutes 3. Public Comment on Agenda Items 4. Communications and Petitions a. Continental's announcement re: cable system rebuild 5. Reports a. From the Chairperson b. From the Vice Chairperson C. From the Secretary d. From the Cable System Manager 6. Action Items a. Wording for policy statement to prohibit use of City Grant Funds for religious programming (request from Committee on General Services) 7. Discussion and Pending Items a. FCC Definition of "Effective Competition"/Rate Regulation 8. Tabled Items a. Letter from Delores Burley regarding Channel 39 9. Receipt of Late Items (action requires suspension of Rules) 10. Public Comment 11 . Adjourn 1 MINUTES CABLE ADVISORY BOARD REGULAR MEETING Wednesday, July 10, 1991 -- 5:30 PM loth Floor Conference Room, City Hall The meeting was called to order at 5:30 PM by Therese Clingman Porn, Chairperson. ROLL CALL Seven members of the Board were present: William Blanchard Therese Clingman Porn Frank Buzzitta Luke Schafer Jim Holcomb (left at 8 PM) Ryan Wilson Pauline Johnson A request from Boardmember Michael Marotta for an excused absence was approved by the Board. Also present were: Pat Wilson, Lansing System Manager, Continental Cablevision Michelle Webb, Programming Director, Continental Cablevision Harold Leeman, 529 North Francis Lloyd Teets, 116 East Elm Ron Onufer, City Council Principal Legislative Assistant Karen Schmidt, Cable Channel 28 Manager MINUTES OF .TUNE 26 MEETING MR. BLANCHARD MOVED TO APPROVE THE MINUTES AS WRITTEN. CARRIED UNANIMOUSLY. PUBLIC COMMENT ON AGENDA ITEMS - none 1 REPORTS Chairperson Porn suggested a Board meeting on a Saturday for the purpose of learning more about cable television issues. Several boardmembers said they thought such a meeting was not necessary. Chairperson Porn also asked that future agendas contain a listing for a report from the cable system manager. COMMUNICATIONS AND PETITIONS Boardmember Buzzitta passed out copies of a flyer promoting the Great Lakes Cable Expo `91, to be held in Detroit Sep. 23-25, 1991. No action was taken on this item. ACTION ITEMS COMMUNITY PROGRAMMING GRANT POLICIES Board Secretary Ron Onufer handed out copies of draft policies he had developed for Board consideration. Boardmember Blanchard also handed out draft policies that he had prepared. The Board made several amendments informally to the draft policies. Boardmember Blanchard's provision requiring grant applicants to abide by non-discriminatory practices was inserted in Mr. Onufer's draft. On the issue of city grant funds being used for religious programming, the Board debated at length the draft policy statement 5c. This statement said that grant funds shall not be approved for "any production costs for a religious program or series that is intended to further the ministry of a particular faith. Under the doctrine of Separation of Church and State, City funds shall not be used in a way that may be interpreted as expounding or advocating religious beliefs." Boardmembers tried several ways to modify the statement to reach concensus. A motion to approve the statement as written failed on a vote of four yeas and two nays. [Boardmember Holcomb had left the meeting earlier, reducing the quorum to six.] A motion to delete the section entirely failed on a vote of one yea and five nays. A motion to approve the statement as amended failed on a vote of four yeas and two nays. 2 The matter was resolved when the Board unanimously approved a compromise motion. The section was deleted and the Board would recommend to City Council that the City Attorney be asked for appropriate language for a policy to prohibit use of City funds for religious purposes. Finally, the Board unanimously approved a motion to recommend the policies to City Council. [A copy of the Chairperson's communication to the Council, with the policies attached, will be filed with these minutes.] DISCUSSION AND PENDING ITEM FCC DEFINITION OF EFFECTIVE COMPETITION Further information on this topic has not yet been received from the FCC. PUBLIC COMMENT - none The meeting was adjourned at 8:33 PM. Respectfully submitted by Ron Onufer, Board Secretary Approved by the Board as printe (amended) on THERESE CLINGMAN PORN Chairperson 3 REGULAR MEETING LANSING CABLE ADVISORY BOARD Wednesday, July 10, 1991 -- 5:30 PM loth Floor Council Chambers, City Hall AGENDA 1 . Call to Order a. Roll Call b. Excused Absences -- Mr. Marotta 2. Review and Approval of June 26, 1991, Minutes 3. Public Comment on Agenda Items 4. Communications and Petitions a. Chairperson's Report b. Vice Chairperson's Report C. Staff Report 5. Action Items a. Determine criteria for Community Programming Grants and design grant application format -- Draft Policy 6. Discussion and Pending Items a. FCC Definition of "Effective Competition"/Rate Regulation 7. Tabled Items a. Letter from Delores Burley regarding Channel 39 8. Receipt of Late Items (action requires suspension of Rules) 9. Public Comment 10. Adjourn ON WAYS AND NTANS, AND THE Mr._JR CITY OF LANSING Cable Advisory Board 10th Floor, City Hall � 124 West Michigan Avenue Lansing, Michigan 48933 July 11, 1991 President Lucile E. Belen and Members, c ; Lansing City Council r— r' 10th Floor, City Hall ~ Lansing, Michigan 48933 ::3 �r Dear President Belen and Councilmembers: c� On behalf of the Lansing Cable Advisory Board, I am pleased to z submit our recommended Policies on Uses of City Funding for Community Cablecasting Activities. These policies include statements on a nan grant process, obligations of grantees, information a to elistgofr ed in xpenses not applications, allowable uses of grant eligible for City funding. Over the course of three lengthy meetings, the Board developed roduction of new programs for Lansing's local grant criteria to encourage p cable channels, and an application process that defines our concept of allowable City expenditures. We have attempted o edt develop recommendations anticipate we will face as we evaluate grant applications for your consideration. Along with the policies, two related matters are forwarded for your review and action. First, the policies do not address the Good Nee grant ws eligibility on. those who produce programs for Cable Channel 39, operates The Capital Area Religious Cable Television Association s 1 they have made with the channel daily within a contractual . Continental Cablevision. The terms of this a d with make Channel 39a leased CARCTA's use of satellite programminb, may channel rather than a public access channel. The religious satellite service carried on Channel 39 pays CARCTA a fee for such carriage. The Board requests that the Council review this situation with the City Attorney for clarification of Channel 39 s s ohetheco men d e to be amended depending ns policy statements may havrant funding. you draw regarding the channel and CARCTA's eligibility for g The second matter also requires the assistance of the City Attorney. Our draft Policy Statement #5 on expenses not eligible for grant funding contained a section that read as follows: "Any production costs for a religious program or series that is intended to further the ministry of a particular faith. Under the doctrine of Separation of Church and State, City funds shall not be used in a way that may be interpreted as expounding or advocating religious beliefs." The Board debated the concept and specific language at length, with some members adamant that the policy should forthrightly state that City funds cannot be used for religious programs. Other members could not approve the section as written. Three motions on various ways to handle this sub-paragraph all failed. In a unanimous compromise, the Board voted to delete the section from the policy statement, but to recommend that the Council work with the City Attorney to develop 'new language covering this topic based on applicable laws. The Board further recommends that the statement be as specific as possible to avoid later difficulties in interpretation. The Board will be pleased to operate under these City policies after adoption by City Council. We will then be prepared to solicit applications for grants out of the 1990 fund, consisting of $36,382.66. Thank you for your prompt consideration of our requests and recommendations. FOR THE CABLE ADVISORY BOARD s I fn THERESE CLINGMAN PORN Chairperson attachment: Recommended Policies LANSING CABLE ADVISORY BOARD RECOMMENDED POLICIES ON USES OF CITY FUNDING FOR COMMUNITY CABLECASTING ACTIVITIES INTRODUCTION The City of Lansing's franchise agreement with Continental Cablevision, as amended, specifies that the City will set aside an amount annually for community cablecasting activities. The amount is equal to 0.35 percent of Continental's annual gross- revenue from provision of cable television service, and is part of the franchise fee paid to the City by Continental. This money, the agreement says, shall be provided "...for the sole purpose of promoting the use of, and programming on, Grantee's community institutional and public access channels." Under federal law and FCC regulations, cable franchisees may be required to provide channel capacity, facilities and equipment for public, educational, and governmental use. The funds for community cablecasting activities supplement required expenditures by Continental Cablevision to help develop quality local programming for Lansing cable subscribers. : The goals of the community cablecasting grant fund are: 1 . To encourage a diversity of local programming; 2. To encourage members of the public to take advantage of the cable television medium to deliver their messages; 3. To showcase the creative talents of our people; and 4. To encourage full discussion, including alternate viewpoints, of issues important to our times. POLICIES One of the primary responsibilities of the Lansing Cable Advisory Board is to make recommendations to the City Council on how this money should be spent each year. The following policies will guide Board members as they formulate their annual recommendations to the Mayor and City Council: 1 1 . The City may set aside a portion of the available funds for Promotional activities including, but not limited to: a. An awards ceremony to recognize outstanding programs and series produced for Lansing's community channels. As part of this recognition, the City may submit such programs and series to higher-level video competitions by paying the competition entry fee. b. Advertising and/or other communications to increase cable subscribers' awareness of programs appearing on the community channels. 2. The majority of available funds shall be used to encourage production of local programs for cablecasting on the community channels. Lansing community channels are defined as: Channel 28, a government access channel programmed by the City of Lansing; Channel 36, an educational access channel programmed by Lansing Community College; Channel 37, a public access channel programmed by Continental Cablevision; - Channel 38, an educational access channel programmed by Michigan State University; Channel 40, an educational access channel programmed by the Lansing School District; ZD Channel 41, an educational access channel programmed by the Lansing School District; and Channel 98, an educational access channel programmed by Michigan State University. Producers may apply for grants from such funds by submitting an application containing all pertinent information required by the format described in (3) below. The Board shall screen applications to develop a list of recommended grant recipients for consideration by the City Council. The Board shall have the right to require grant applicants to attend a Board hearing for further discussion of their applications. The Board shall determine the viability of a program 2 proposal and may modify the grant application in consultation with the applicant. The Board's primary concern shall be the resources needed to produce a high-quality program, regardless of content. These policies stipulate, however, that certain expenses shall not be eligible for City grant funding (see item 5 below). The Board shall forward its grant recommendations to the City Council. In accordance with Section 218.04 of the City Code, review by the Committee on Ways -and Means shall be required prior to Council action on allocation of grant funds. After the City Council approves a list of grants from the Board's recommendations, grant recipients shall be required to enter into a contractual agreement with the City in which they agree to account for all grant funds and actually produce the programming specified in their applications. Unexpended funds from grant allocations shall be returned to the City. 3. Applicants shall be required to furnish the following information as part of their submission: a. Applicant's name. If the applicant is . a public institution or a non-profit organization, the name of the individual(s) responsible for fulfilling grant agreement requirements shall also be provided. Non-profit organizations shall also provide a current copy of their Federal IRS 501(c)(3) tax exemption statement or, alternatively, their articles of incorporation filed with the State of Michigan. b. Complete mailing address. Non-Lansing residents may apply for production grants provided that the proposed programs are localized to Lansing or of interest to the Lansing viewing audience. C. Daytime and evening telephone number(s). d. A statement of qualifications to produce local programs of high technical quality for cablecasting. However, technical expertise shall not be considered essential to qualify for a grant. For individual producers of public access programs, this statement shall include previous training and/or experience indicating knowledge of basic and advanced 3 television production techniques. Public institutions that employ trained staff to program one or more designated community channels shall be considered qualified. e. Type of programming to be produced (public access, educational access, or government access) and the community channel(s) on which it will be cablecast. f. A description of the program(s) or series to be produced. The description may be in the form of a narrative as part of the application, or a piece of video that illustrates the Proposed program(s), or a script treatment (outline), or a storyboard, or a combination of these, at the discretion of the applicant. If grant funds are requested to continue an existing series, the applicant shall be requested to supply a video sampler of not more than five minutes. g. Dollar amount requested. h. A list of the specific expenditures for which grant funds will be used. (See description of allowed and prohibited uses of grant funds, below.) The list shall indicate whether amounts are estimates or are based on firm price quotes, and shall indicate a timetable for expenditure. i. Dollar amount of all matching funds provided by the applicant and/or any other source. j. Applicant's signature. k. A statement signed by the applicant agreeing, if grant funds are approved, to comply with all pertinent non- discrimination, equal opportunity, and affirmative action requirements imposed on City contractors by the Charter and the Code of Ordinances. l• A letter signed by an authorized individual stating that the entity responsible for programming the community channel listed in (e) above agrees to cablecast the proposed program(s). 4 4. Grant funds may be used by producers of local programming for a variety of production-related expenditures. The City shall examine each application based on its merits. Permitted expenditures of City grant funds include: a. Purchase of videotape. b. Purchase of supplies and materials for special program sets, flats, backdrops, graphics, logos, and other on-camera visuals. C. Purchase or rental of specialized production and post- production equipment not otherwise available. 1 . If the City Council approves a request from an individual producer to purchase an item of specialized production or post-production equipment, Continental Cablevision shall have the right to purchase the item with allocated grant funds. Under this circumstance, the item shall be added to the Public Access equipment inventory for loan to the applicant and other producers. If Continental Cablevision chooses to not purchase an approved item for inclusion in its inventory, the applicant may use the grant to purchase the item. 2. Public institutions. and non-profit organizations responsible for daily operation of designated community channels may also apply for grants to purchase equipment to operate their channels. This category may include new or replacement production and control equipment needed to improve the technical quality of their cablecasts. d. Rental of special locations required to fulfill the objective of a proposed program. This may include a meeting room, an auditorium, a gymnasium, or an outdoor location available for rent. e. Unique expenses for materials or services without which a proposed program or series would not be possible. Such expenses must be fully explained in the grant application. 5 5. City programming grant funds shall not be approved for: a. Salaries and wages for the applicant or any person(s) involved in production of the proposed program or series. b. Purchase of any equipment which is available free of charge from the Public Access equipment inventory. (This exclusion applies only to grant applications from individual producers.) C. Any reimbursement of past production expenses. d. Any expenses associated with production, procurement, or cablecasting of non-local programs. e. Any sales tax on, approved purchases. Sales taxes shall be the responsibility of grant recipients. 6 MINUTES CABLE ADVISORY BOARD SPECIAL MEETING Wednesday, June 26, 1991 -- 5:30 PM 10th Floor Conference Room, City Hall The meeting was called to order at 5:31 PM by Therese Clingman Porn, Chairperson. ROLL CALL All eight members of the Board were present: co William Blanchard Michael Marotta Frank Buzzitta Therese Clingman Porn Jim Holcomb Luke Schafer Pauline Johnson Ryan Wilson i � , W, Also present were: c.� Pat Wilson, Lansing System Manager, Continental Cablevision Michelle Webb, Programming Director, Continental Cablevision Harold Leeman, 529 North Francis Ron Onufer, City Council Principal Legislative Assistant Karen Schmidt, Cable Channel 28 Manager MINUTES OF .TUNE 19 MEETING Mr. Blanchard asked that page 3 of the June 19 minutes be changed to reflect that he made the motion to approve the Board's rules of procedure, not Mr. Schafer. MR. BUZZITTA MOVED TO APPROVE THE MINUTES AS CORRECTED. CARRIED UNANIMOUSLY. PUBLIC COMMENT ON AGENDA ITEMS - none COMMUNICATIONS AND PETITIONS - none 1 ACTION ITEMS COMMUNITY PROGRAMMING GRANT CRITERIA Board Secretary Ron Onufer reviewed pertinent sections of the City's franchise agreement with Continental Cablevision regarding the grant fund to promote development of local programming on the community channels. He, Cable System Manager Pat Wilson, and Programming Director Michelle Webb explained how grants were allocated through the former Cable Advisory Board. They noted that previous grants always stipulated that grant funds could not be used for salaries and wages. Mr. Onufer requested that the Board also exclude purchase of primary production equipment from grant eligibility. Individual producers of Public Access programs can borrow equipment from Continental Cablevision free of charge for their productions, he said. Continental is required by the franchise agreement to make this equipment available. MR. MAROTTA MOVED TO ELIMINATE SALARIES, WAGES, AND PURCHASE OF PRIMARY PRODUCTION EQUIPMENT FROM ELIGIBILITY FOR GRANT FUNDS. Discussion. MOTION FAILED, 3-5. MR. WILSON MOVED TO EXCLUDE SALARIES AND-WAGES FROM ELIGIBILITY FOR GRANT FUNDS. CARRIED UNANIMOUSLY. (Mr. Marotta was out of the room when the motion was discussed and the vote taken.) The Board discussed at length the issue of grant eligibility criteria and design of an application form. Two motions were made and withdrawn regarding use of former criteria to allow immediate applications for 1990 grant funds followed by development of more detailed criteria for future years. There was consensus that criteria needed to be established before applications would be' solicited. This matter will be further discussed at the next meeting. DISCUSSION AND PENDING ITEMS FCC DEFINITION OF EFFECTIVE COMPETITION Ms. Wilson distributed copies of a letter from K.C. Steckelberg, Government Relations Director for Continental Cablevision, passing on available information about the FCC's revised definition of "effective competition" for cable systems in relation to local rate regulation. Since the text of the FCC ruling was not yet printed and distributed, the impact on Lansing's cable 2 system is not confirmed. Ms. Steckelberg assumed that Continental will not be affected, but the text is needed for definition of certain key words in the ruling. Ms. Wilson promised to keep the Board informed. SCHEDULING OF FUTURE MEETINGS During discussion of the next meeting date, there was disagreement on whether the previously-scheduled July loth meeting would be considered regular or special. MR. HOLCOMB MOVED TO CHANGE THE REGULAR JULY MEETING DATE FROM JULY 3 TO JULY 10 AT 5:30 PM. CARRIED UNANIMOUSLY. Mr. Marotta requested an excused absence from the July loth meeting, explaining that he would be out of the state. DISCUSSION OF ITEMS FOR FUTURE MEETINGS Chairperson Porn asked that future meeting agendas list times for reports from the Chairperson, Vice Chairperson, and Board Staff. PUBLIC COMMENT - none The meeting was adjourned at 8:00 PM. Respectfully submitted by Ron Onufer, Board Secretary Approved by the Board as (printe (amended) on /o r THERESE CLINGMAN PORN Chairperson 3 SPECIAL MEETING LANSING CABLE ADVISORY BOARD Wednesday, June 26, 1991 -- 5:30 PM loth Floor Council Chambers, City Hall AGENDA 1. Call to Order a. Roll Call b. Excused Absences 2. Review and Approval of June 19, 1991, Minutes 3. Public Comment on Agenda Items 4. Communications and Petitions -- none 5. Action Items a. Determine criteria for Community Programming Grants and design grant application format 6. Discussion and Pending Items a. Letter from Delores Burley RE: Channel 39 b. FCC Definition of "Effective Competition"/Rate Regulation 7. Tabled Items -- none 8. Receipt of Late Items (action requires suspension of Rules) 9. Public Comment 10. Adjourn MINUTES CABLE ADVISORY BOARD ORGANIZATIONAL MEETING Wednesday, June 19, 1991 -- 5:00 PM loth Floor Council Chambers, City Hall The meeting was called to order at 5:05 PM by Ron Onufer, Principal Legislative Assistant to the Lansing City Council. Mr. Onufer noted that until the Board elected its officers, he would chair the meeting. He would also be serving as Secretary to the Board. The Board would also have staff assistance from Tina Gallante, the City Council's Administrative Secretarcc and City Attorney Al Knot on an as-needed basis. ROLL CALL r `' C.rJ k f--- All eight members of the Board were present: -z7 William Blanchard Michael Marotta w �= Frank Buzzitta .Therese Clingman Porn 00 En Jim Holcomb Luke Schafer Pauline Johnson Ryan Wilson Also present were: Pat Wilson, Lansing System Manager, Continental Cablevision Ron Hartman, Vice President for Operations, Continental Cablevision Harold Leeman, 529 North Francis Al Knot, City Attorney Ron Onufer, City Council Principal Legislative Assistant Karen Schmidt, Cable Channel 28 Manager Tina Gallante, City Council Administrative Secretary After introductions were made, Mr. Onufer reviewed several facts that led to creation of the Board, as well as the Board's functions as specified in Sections 810.21 through 810.23 of the City Code of Ordinances. Mr. Onufer handed out copies of a list of Boardmember information, and minor corrections were made. He also distributed copies of the cable system's channel lineup, a table of franchise fee revenues since 1985, and a list of programming grant recipients for the years 1985 through 1988. 1 Mr. Onufer said the Board would probably need to meet in special session several times in a compressed time schedule to decide programming grant eligibility criteria and design an application form. PUBLIC COMMENT ON AGENDA ITEMS Harold Leeman, 529 N. Francis, told the Board of his interest in cable matters, and that the Lansing Cable Advisory Board should have a level of authority similar to the cable commission in East Lansing, although the constituting ordinances are different. He expressed his hope that the Board would involve itself in a variety of matters pertaining to cable television, and act as advocates for subscribers. COMMUNICATIONS AND PETITIONS Mr. Onufer advised that a letter from Delores Burley, President of GNS, was being referred to the Board for review and possible action. Since the letter requested full-time use of Cable Channel 39 and the Board had immediate organizational decisions to make, Boardmembers agreed to hold this item for a future agenda. ACTION ITEMS RULES OF ADMINISTRATIVE PROCEDURE Mr. Onufer distributed copies of draft rules of administrative procedure, required by City Charter to be adopted by each advisory board. The draft rules were based on language found in the adopted rules of the Lansing Traffic Board, which were recommended by City Attorney Al Knot. The Board decided to meet monthly with their regular meeting day and time as the first Wednesday of the month at 5:30 PM. Regular meeting location would be the loth Floor Conference Room of City Hall, or the loth Floor Council Chambers if the Conference Room was in use. This information was inserted in paragraph 1.2 of the draft rules. Several questions were raised about technical details in the draft rules, and answers were provided by Mr. Onufer and Mr. Knot. Discussion centered on the use of Mason's Manual of Legislative Procedure as parliamentary authority for matters not covered by the rules or the City 2 Charter. Mr. Marotta noted that most people were more familiar with Robert's Rules of Order. MR. MAROTTA MOVED TO SUBSTITUTE ROBERT'S RULES OF ORDER FOR MASON'S MANUAL OF LEGISLATIVE PROCEDURE IN PARAGRAPH 1.12 OF THE DRAFT RULES. Mr. Onufer explained that Mason's does not require a motion to be supported, and that the City Council's Rules specify Mason's. He noted that the priority of motions were the same in both texts. Mr. Knot added that the Council would be reviewing the Board's proposed rules, and he would have to point out the Board's choice of Robert's. Discussion. THE MOTION FAILED ON A VOTE OF 3 YEAS, 5 NAYS. After further discussion, the Board agreed to consider the amended rules for adoption. MR AFAR MOVED APPROVAL OF THE ADMINISTRATIVE RULES OF PROCEDURE, AS AMENDED. THE MOTION CARRIED UNANIMOUSLY. Mr. Onufer noted that the proposed rules would next be submitted to the City Attorney for approval as to form, and would then go to the City Council. The Council's past practice has been to refer board rules to a standing committee for review prior to approval. ELECTION OF BOARD OFFICERS Mr. Onufer opened the floor for nominations for Board Chairperson. MR. SCHAFER NOMINATED MS. PORN, WHO ACCEPTED THE NOMINATION. MR. BLANCHARD NOMINATED MS. JOHNSON,WHO DECLINED THE NOMINATION. BY ACCLAMATION, THE NOMINATIONS WERE CLOSED AND MS. PORN WAS ELECTED CHAIRPERSON. Mr. Onufer relinquished the chair to Chairperson Porn, who opened nominations for Vice Chairperson. MS. JOHNSON NOMINATED MR. MAROTTA, WHO ACCEPTED THE NOMINATION. THERE BEING NO FURTHER NOMINATIONS, THE CHAIR ANNOUNCED THAT NOMINATIONS WERE CLOSED AND MR. MAROTTA WAS ELECTED VICE CHAIRPERSON BY ACCLAMATION. 3 SCHEDULING OF FUTURE MEETINGS The Board agreed to meet in special session on Wednesday, June 26, 1991, at 5:30 PM, to begin discussions of programming grant eligibility criteria. Due to the July 4th holiday, the Board further agreed to postpone the regular July meeting date of July 3 until July 10, again at 5:30 PM. DISCUSSION OF ITEMS FOR FUTURE MEETINGS Mr. Onufer suggested that Michelle Webb, Continental's Programming Director, attend the next meeting to help give an overview of local programming on the community access channels. He added that in the future, the Board could hold meetings at different programming facilities for further orientation. PUBLIC COMMENT Mr. Leeman suggested that the Board urge City Council to expand the Channel 28 coverage of meetings, especially the Council's Committee of the Whole sessions on Thursday afternoons. He asked Mr. Onufer whether the Boardmembers would receive subscriptions to cable industry trade publications to help their understanding of current issues. Mr. Onufer replied that he would share with the Board those resources to which he already subscribes. These include the weekly MultiChannel News, which is a trade newspaper; Nation's Cities Weekly, another newspaper published by the National League of Cities; and publications from the National Association of Telecommunications Officers & Advisors (NATOA) and the National Federation of Local Cable Programmers (NFLCP). The meeting was adjourned at 7:00 PM. Respectfully submitted by Ron Onufer, Board Secretary Approved by the Board as (printed) (jjd;e�dlon THERESE CLINGMAN PORN Chairperson 4