03/08/1982 Meeting (2) - Laserfiche WebLink

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; e the negotiated agreement with Teleprompter, funds for the access center would be delivered to the commission as soon as the franchise amendments are approved by all three jurisdictibns. Ms. Smith asked if the Cable Commission would retain sole authority for disbursement of those funds. Mr. Martin responded that the budget committees might wish to address this issue when they consider cable-related fund requests. Councilor Miller asked whether the Cable Commission itself had voted to drop provisions for leased access. Mr. Martin said that reference to leased access is made in the original franchise, but that such access is under the domain of Teleprompter. He said that the commission had voted not to allow leased access through the public access center. Mr. Martin added that the Federal Communications Commission (FCC) did not permit leased access, but that if leased access provisions are made a part of a contract between a cable provider and a local government, the FCC will not intervene. Ms. Miller asked when the Cable Commission had made this decision regarding leased access. Mr. Martin said he believed that the decision was made in November or December 1981, during the commission's goal-setting discussions. e Councilor Schue asked why a City staff member was a voting member of the com- mission. Mr. Martin responded that the structure of the commission had been decided on by the County Commissioners and the Eugene and Springfield City Councilors at the time that the franchise was adopted three years ago. He said that staff members recently had expressed great discomfort with this arrangement and that the commission would soon be addressing the issue of its composition. He said that the current composition calls for each of the three jurisdictions to be represented by one elected official, one staff member, and one citizen- at-large. Councilor Wooten asked if the majority of other communities extend their authority to regulation of such pay TV offerings as Home Box Office and Showtime. Mr. Martin responded that regulation of pay TV rates is only done by agreement with the cable company, since the policy of the FCC is that there will be no local regulation of rates. He added that the Eugene/Springfield franchise agreement calls for such regulation to occur in the event that the FCC drops this policy. Mr. Gleason added that there was considerable national debate as to whether the provisions of existing local franchises were pre-empted by the FCC, and that the FCC had said that it would not intervene in matters in which both parties agree. Ms. Wooten asked if this meant there is no way for the commission to regulate rates other than the basic rate. Mr. Martin said that all four public access channels will be regulated by the commission; that Teleprompter must file all its rates with the commission; that the community receives franchise revenues based on all sources of Teleprompter's earnings; and that the commission retains some leverage on this matter through its ability to regulate rate of return. He added that the commission found that to some extent pay TV is currently subsidizing basic service. Ms. Wooten asked how other cities measure the extent to which cable operators meet the standards of the industry. Mr. Martin responded that this is usually done through comparison with similar situations. Ms. Wooten asked what was done in other communities with older franchises and systems. Mr. Martin said that most of these communities do not have provisions in their franchise agreements - MINUTES--Eugene City Council March 8, 1982 Page 10