03/08/1982 Meeting - Laserfiche WebLink

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e e e Regarding a definition for pay television, Mr. Martin said that it was the commission's desire to expand its scope of coverage as much as possible. The language, as proposed, would provide that any time a signal has been broadcast, no matter where in the country, it could not be captured and transmitted by satellite and treated as pay television in Eugene. If Teleprompter chooses, in cooperation with the commission, to put a signal that is only a cablecast signal into Section 5 (Programming), it loses its characteristic as pay television and becomes subject to the commission. As long as a signal stays as a private cablecast signal, not subject to the language of the franchise directly, it is pay television and outside the scope of the existing franchise. Mr. Lindberg asked for further clarification. Mr. Martin said there is a Federal definition of pay television which has allowed the Federal government to pre-empt the pay television area, except where local governments have agreed with their franchise to the contrary. If a cablecast signal becomes part of the package that sets the rate, then that signal is no longer subject to the Federal rules and comes under the commission's jurisdiction. Mr. Martin noted further changes in the ordinance on page 4 where it stated that the cable company is required to give notice to the commission 60 days before undertaking the installation of equipment to expand the system. This change was the result of negotiations. Teleprompter's position was that the decision to expand the system or not was a private business decision; the commission's position was that expanding the system or increasing the assets so that it became part of the rate base would allow rate increases the commission would be unwilling to accept. The 60-day notice will permit the commission to tell Teleprompter not to ask for an adjustment in the rate base because of improve- ments. The commission would take the improvements into account when future rate requests are considered. The notice will also provide time for public discus- sion before any expansion is executed. The commission does not have the power to veto that business decision, but it at least has the ability to place Tele- prompter on notice if there are apprehensions about it. Page 5 of the ordinance defines what constitutes the basic services and identifies the new service to be provided no later than January 1, 1983. The commission has agreed to the removal of the KVDO signal from the basic service which can be removed by special permission of the FCC since it is a duplication of public programming from KOAC in Corvallis. Further language in this section of the ordinance deals with a multiplicity of duplicating programs on several channels. It also allows Teleprompter to provide a network signal from some other affiliate if the local affiliate's broadcast signal is interrupted. Mr. Martin said that the ordinance also states that Teleprompter may operate its own signals over KOZY after the public access center is operating. KOZY's programming is now restrained, giving a priority and preference to local access programming and requiring that certain other signals be carried on it. Ms. Schue asked who would decide what would be programmed on the access channel. Mr. Martin said it would be the decision of the Cable Commission and the operator of the access center. Ms. Wooten asked if Teleprompter would provide the lines for direct cablecast of such things as City Council meetings. Mr. Martin said Teleprompter has agreed to do that. Providing direct cablecast from the Perform- ing Arts Center poses a number of problems in terms of copyrights, performance rights, etc., that have not been resolved by the Cable Commission. MINUTES--Eugene City Council Work Session March 8, 1982 Page 2