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HomeMy WebLinkAbout7A - Triax Midwest Associates ~' CITY COUNCIL AGENDA REPORT T'r-,....>e - e\ck l=~L - TA~~ 0'/\l,;I M~i~ e.~- i>"",..c. Ct-\~tN~ ~ ~~~t..,\q~~ uh~ AGENDA ITEM: July 19, 1999 ~ 7A , Frank Boyles, City Manager ~ PUBLIC HEARING TO CONSIDER A REQUEST BY TRIAX MIDWEST ASSOCIATES TO ASSIGN THE CABLE TELEVISION FRANCHISE RIGHTS TO MEDlACOM LLC. MEETING DATE: AGENDA #: PREPARED BY: DISCUSSION: History On May 24, 1999, the City received a letter from Triax Midwest Cable Company requesting consent to assign the cable television franchise to Mediacom LLC. The letter included a lengthy application packet as set forth in Federal Communications (FCC) rules and is presently being reviewed by attorney Brian Grogan. At the conclusio~ ~f ~o ~~b~~ :=~o: :~~8, :: ~~uncil should '@se the Ollhlir hp~ring ~nrl r1p.t~minB whBthor it wi~po~ to act uPon the proposed assignmpnt ~ 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612).49-7-4245 AN EQUAL OPPORTUNITY EMPLOYER ISSUES: ALTERNATIVES: RECOMMENDED MOTION: Attachment Agenda Item 7 A July 19, 1999 Conclusion I have attached for Council information both the memorandum from the June 21, 1999 City Council meeting which establishes the public hearing date, together with a recent memorandum from attorney Brian Grogan which outlines both the procedures for tonight's public hearing, and criteria which the Council may wish to be aware of with respect to the cable franchise reassignment. The primary issue is whether or not it is appropriate for the City Council to authorize the assignment of the cable franchise from Triax Midwest, Inc. to Mediacom LLC. Tonight's public hearing is one of two steps in this determination process. The second step will take place at an August Council meeting where the Council will receive a complete report from Mr. Grogan analyzing both public hearing information and the assignment request. (1) Conduct a public hearing to receive input from the public with respect to the proposed cable television franchise reassignment. Motion to close the public hearing and defer action on the reassignment request to the August 2nd or 16th meeting. 1:\COUNCIL\AGNRPTS\99\0719_7 ADOC .'. -~ J~I-08-99 02:01pm From-MOSS & BARNETT +4900 T-281 P.OZl02 F-837 MOSS & BARNETT A Professional Association MEMORANDUM FROM: Frank Boyles Bflan T. G'09anp0 ..... . July 8, 1999 CLIENT: 39962.1 TO: DATE: RE: Public Hearing Regarding Proposed Transfer of Cable Franchise from Triax to Mediacom - Pursuant our recem 1elephone conversation I have oUllined below lhe purpose of the Public Heanng and some olher inl1lal comments which you may wish to make to imroduce 'the '[opic to your City council. Tonight's Pul)lIc Hearing is called pursuant to Minn. Stat. ~ 238.083 regarding '[he proposed transfer of the cable television system and cable television franchise currently held by Triax Midwest Associates, L.P. to Mediacom, L.L.C. Both the City's local franchise and state law require advance written approval by the City' for any sale or uansfer of the franchise. The City has received from Tnax FCC Form 394 which provides information regarding Medlacom's legal, technical, and financial qualifications. The City is also working with Moss & Barnen, legal counsel on this cable matter, to review Mediacom's qualifications and to provide recomr:nendations regarding how best to process the requested Transfer. State law requires that the CItY reply in writing within thirty (30) days of Triax's request indicating its approval or its determination that a Public Hearing IS necessary. The City called a Public Hearing because it believes the transfer may have an adverse effect on cable '[elevision su bscribers. Any and all interested parties may comment on the proposed transfer from Trlax. '[0 Mediacom. Once all comments have been made the City may close the Public Hearing and then will have thirty (30) days within which to take action on a resolution either approving or denying the transfer requeSt, Approval of the requested transfer cannot be unreasonably withheld and any denial must be based on the legal. technical, and financial qualifications of Mediacom. 26863611 ..- Independent School District 719 5300 WestWood Drive SE Prior Lake Senior High School P.O. Box 539 15860 Fish Point Road SE Prior Lake, Minnesota 55372 Prior Lake, Minnesota 55372 Dr. Craig Olson, Principal Lori Boynton, Assistant Principal After Hours Attendance 447-4692 Athletic Office 440-4036 (612) 447-4131 Fax: (612) 440-4036 Counseling Office 440-4033 July 6, 1999 Mr. Frank Boyles City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372-1714 Dear Frank: Since I will not be able to attend the Public Hearing to consider assignment of Cable Television Franchise from Triax Midwest to Mediacom, I am providing my comments in written form. I will assess the current state of the public access television studio and give an overview of activity during the past year. As documented in past correspondence, most equipment is in need of replacement. The edit system ceased operation in December when age and the lack of available parts rendered the record VCR useless. Editing is a vital element in television production. Fortunately, Rick Ravnholdt, Principal at Glendale Elementary, has graciously allowed myself and those I train to edit at their facility. This is only a patchwork solution though; a public access television facility should be fully functioning and not have to ask schools to provide edit capabilities. In addition, interference problems continue to plague reception on channels 50 and 51. This situation has existed for at least the last three years. Poor visual quality. on these channels has led to pre-empted programs on occasion. In spite of these difficulties, programs created and telecast on cable channels 50 and 51 in the last year total 111, This does not include the nearly fifty live meeting telecasts originating from the Prior Lake Fire Station Council Chambers. A recently created promotional video highlights the annual Fall Community Fest. Michelle Surkamp, a Prior Lake graduate, completed a mentorship in television production and created a video about the college decision process. This is valuable experience as she prepares to study broadcast journalism beginning in the fall. Currently, a number of programs are in motion. These include: A documentary about resorts on Prior Lake in the first half of the century, a mock car crash demonstration and a program about a horse show. Coverage of Lakefront Days events continues this year. Partnership it Progress . Prior Lake . Savage . Spring Lake Township . Cedar Lake Township . Credit River Township . Sand Creek Township Cable Television Hearing Page 2 I came to Prior Lake in 1996. Before that, I worked at the Southwest Community Television Studio in Hopkins. Quality, well-maintained equipment, along with technical and promotional support by the cable operator, fueled a successful operation there. Programs reflected the needs of the community. It's no surprise that 10 programs, ranging from the Minnetonka Dance Theatre's "Nutcracker" to a documentary about the Hopkins Fire Department, were finalists in the 1995 Minnesota Community TV Awards. With professional categories and awards for locally produced commercials, this was no home movie charade, A successful public access television studio in Prior Lake cannot exist without a commitment to provide necessary funding and support. I hope this has been valuable for you, the Council and Mediacom representatives. I have enclosed a copy of a letter received from Education Minnesota regarding Your Community Schools. This is an example of the good things that can happen with well planned and executed productions, even at the community television level. Please contact me at 447-4131, extension 809 if I can be of further assistance. Sincerely, . ~S~ Jim Schindler Public Access Coordinator EDUCATION MINNESOTA - JUDY L. SCHAUBACH Co-President SANDRA E. PETERSON Co-President JEANNE E.THOMAS Executive Vice President September 18, 1998 HARVEY D. HIETALA First Vice President Kathy Daggitt, Lynn Lally Gloria Wamer, Patti Rauhauser Barb Brown, Les Sonnabend WILLIAM L. RAsMUSSEN Secretary CARMEN K. PETERS Treasurer LARRY E. WICKS Executive Director GREGORY D. BURNS On the 15th I had the opportunity to view your wonderful Your Community Schools Deputy Executive Direcror (YCS) video, It was a great piece of work. It was particularly noteworthy in that you did the project within the school district, without need for an outside (and very expensive) video consultant. It seems to me that this project would be an excellent model for other metro districts, and I want to make a proposal. In the afternoon of Monday, October 19, we're bringing together as many metro school districts as possible to begin the process of networking for YCS purposes, Each metro area superintendent and local Education Minnesota president will be getting an invitation to this meeting next week. . Obviously I hope you attend this meeting as participants, But I would also like to have you present this video and the process used to create it to the administrators and teachers in attendance, I think it is a marvelous model. Please give this some thought and let me know. To avoid confusion, can I ask GlorialPatti to coordinate, and give me a call on this matter? (I know that at least one other person was heavily involved in this project, but I don't know his(her) name. Could you pass this memo along, please? Thanks again. S P 1 MN --103 .6-1 ?27-8583. 800-652-9710. Fax: 651-293-1648' www.educationminnesota.org 168 Aurora Ave., t. au, JJ J -_ . . . Education i'vlimlesota is an '!!filiate of the American Federation of Teachers and the National EducatIon ASSOCIatIOn. ,- June 30, 1999 Re: Public Hearing to consider assignment of Cable Television Franchise from Triax Midwest to Mediacom. Dear You are invited to attend and participate in a Prior Lake City Council Public Hearing scheduled for Monday, July 19, 1999 at 7:30pm at the Fire Station No.1 Council Chambers. The purpose of the public hearing is to learn more about Mediacom, the company which is proposing to purchase Triax and operate the cable television system providing service to Prior Lake residents. The public hearing is also an opportune time for you to share your experiences and concerns with Mediacom representatives. The City Council will conduct and then close the public hearing. At a subsequent meeting, the City Council will receive the minutes of the public hearing and a report from our cable attorney. At that time, or at the subsequent meeting, the City Council will consider whether to approve the assignment to Mediacom. . In accomplishing this objective, the Council will consider input received at the public hearing, previous input provided to the City Council by cable television users, information provided by Triax in its request for City consent to assign the franchise to Mediacom, and a written report prepared by City staff and the City's cable television attorney. The assignment process is governed by the Federal Communications Commission requirements. You are encouraged to attend and participate in this hearing. If you are unable to attend, feel free to provide written comments to me by Monday, July 12th at 4:30pm. I will share your written comments with the Council and Mediacom representatives at the public hearing, If you have questions about this letter, please feel free to contact me at 447-9801. Sincerely, Frank Boyles, City Manager 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612).447-4245 AN EQUAL OPPORTUNITY EMPLOYER MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: CITY COUNCIL AGENDA REPORT June 21, 1999 ~ :~ank Boyles, City Manag~'1Y t"S CONSIDER'AP~ROVAL OF RESOLUTION 99~ ESTABLISHING JULY 19,1999 AS A PUBLIC HEARING DATE TO CONSIDER A REQUEST BY TRIAX MIDWEST ASSOCIATES TO ASSIGN CABLE TELEVISION FRANCHISE RIGHTS TO MEDIACOM LLC. History The City has previously received notice from Triax Midwest Associates of their desire to transfer the cable television Franchise Agreement to Mediacom, LLC. On May 24, 1999, the City received a FCC for requesting City consent to assign the Franchise to Mediacom. Enclosed with that form was the completed application which is about 1.5" thick and is being reviewed by attorney Brian Grogan. CurrentCffcumsrences According to Mr. Grogan, FCC rules provide that the City has up to 30 days from receipt of the above materials to determine if a public hearing is necessary, By June 23, 1999, the City must decide. The criteria for determining if a public hearing should be held are determined by the City Council. In my estimation there is benefit to conducting the public hearing both to learn more about Mediacom and for Mediacom to learn more about the conditions associated with our cable system. Conclusion If the Council decides that it is appropriate to conduct the public hearing, it may do so within 30 days of today's meeting date. The hearing must be preceded by 14 days published notice. A letter is also to be forwarded to Triax and Mediacom notifying them of this fact. The hearing is recommended for July 19, 1999. The hearing may be closed or continued from that date. Within 30 days of closing the public hearing, the Council must deny or approve the request for consent. Mr. Grogan's office will supply the appropriate resolutions and closing documents. . 162n~~~9'fOti~tJ}k.a)OOnnesota 55372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAl OPPORTUNITY EMPLOYER .:,?-' ISSUES: ALTERNATIVES: RECOMMENDED MOTION:- The public hearing will provide an opportunity to exchange information. The input received at the hearing would be combined with the report Mr. Grogan's office is preparing regarding the transfer request. The input from both will be the basis for the City Council's final determination. The City Council should determine if there is any notification it wishes to provide above and beyond the minimum legal requirements. (1) Adopt a motion to conduct a hearing on July 19. 1999 and direct the staff to implement the appropriate notification actions. (2) Adopt a motion not to conduct a public hearing. Alternative (1). I:\COUNCIL\AGNRPTS\99\0621_9A.DOC ,~ .<.' . :1\~.[~:.~ t~~. ~~f~\' ~ff~~,~:~~ .(~~r' :r.;:&~' LAW OFFICES ~~@[ED[YJ!lm ' n! I lUG JUN n 7 1999 m B\, J_ :::::----- BRIANT. GROGAN (612) 347-0340 E-Mail: GroganB@moss-barnett.com MOSS & BARNETT A PROFESSIONAL ASSOCIATION 4800 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402-4129 TELEPHONE (612) 347-0300 FACSIMILE (612) 339-6686 June 4, 1999 VIA FAX AND U.S. MAIL Mr. Frank Boyles City Manager City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372-1714 Re: Assignment of Cable Television Franchise From Triax Midwest Associates, L.P. ("Triax") to Mediacom LLC ("Mediacom") Our File No.: 39962.1 Dear Frank: This letter will provide you with information on the procedural requirements under Minnesota law that the City must follow regarding the assignment referred to above. According to information available to us, the City of Prior Lake should have received the Federal Communications Form 394 on May 24, 1999. If this is not correct, please advise me as soon as possible. The dates that the City. must meet under Minnesota law are determined from the date that the Form 394 was received. First, the City must decide no later than June 23, 1999 (30 days from the date of receipt ofthe FCC Form 394) if a public hearing is necessary. Because your city council meets on the 1st and 3rd Monday of each month, this decision may be made at your June 21, 1999 city council meeting. If a public hearing is deemed necessary, you will need to send a letter to your local Triax Manager and Mediacom advising them that a public hearing will be held. We have attached a draft letter for your review and use. Second, the public hearing must take place within thirty (30) days after the determination is made. Should your city council make the determination on June 21, 1999, the public hearing may be scheduled for your July 19, 1999 City Council meeting. Please be advised that the notice of public hearing must be published 14 days (July 5, 1999) in advance of the hearing. We have also attached a draft of such notice for your review and use. c, &::. B A./(,1 ric;- ~. ..... jho" '..)! ; 1896 ~ 7. ~ '''0. 'V ~. . /7~Y5 :'L\ MOSS & BARNETT A PROFESSIONAL ASSOCIATION Mr. Frank Boyles June 4, 1999 Page 2 Third, the City must approve or deny the assignment request within thirty (30) days of closing the public hearing. Weare in the process or reviewing the legal, technical and financial qualifications of Mediacom LLC. We will then prepare a detailed report which will include our recommendations to the City to approve or deny the assignment request. Should our recommendation be to approve the request, a resolution and other appropriate closing documentation will also be provided. Should you follow the above recommended dates, we anticipate our report to the City with regard to this proposed assignment will be submitted to your office in late July, If your City decides to vary from the above dates, please let me know. In addition, if your City has any special issues that you wish to have addressed with regard to the cable television franchise, please indicate these in a letter to me. We can then address these issues in any proposed Resolution. As always, if you have any questions, feel free to call me. Very truly yours, 73~ Brian T. Grogan BTG/mac enclosures 262302/1 .,r~:- PlkrlaheQy PUBLIC HEARING TO CONSIDER A REQUEST BY TRIAX MIDWEST ASSOCIATES TO ASSIGN THE CABLE TELEVISION FRACHISE RIGHTS TO MEDIACOM LLC *** y ~ ~f-~ July 19,1999 ./ c/c! 7 - r?i_ L./~7- '-:::<~Qo ~J(Cj / 0 0" 7! ~7 YG r ?/7 r.fL?- [' '7 t C '-I '-('7 - 31S;<S~ .... 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"4fwtr~~ ~~. .f TRlAX PRIOR LAKE COMPLAINT LOG Subscriber Name Address Account Number Telephone Date Rec'd Install Service Billing Bury Other Triax Contact Comments/Issues Resolutions Wes MaderlMayor 3470 SW Sycamore 1815-407495-1 612-440-1069 9-25-98 x Jon BeBerg Several tic's, no results, local Fixed equipment so meetings access vel)' poor could be broadcast Bob Spearin 3354 Kent St 1815-415492-1 612-447-8151 9-25-99 x Jon BeBerg Only rec'd channel 4, no results Fixed problem, told sub to call for tic's, fixed not 5 if happens again John, Judy Wise 5653 Lost Horizon 1815-406944-1 612-447-8229 9-24-98 x Jon BeBerg Drop not buried for several Drop bul)' complete months, no return calls Bob Spearin (2nd x) 3354 Kent St 1815-415492-1 612-447-8151 9-30-98 x Jon BeBerg Problem again w/channel 4, sent Fixed, sub happy, told to call line tech asap me directly Ray, Kim Stark 18355 Yorkshire 1815-408924-1 612-447-8133 Meeting x Jon BeBerg Service problems, Labor Day Line maintainence-fixed weekend no shows problem Dave Kampen 4770 Rutledge St 1815-406658-1 612-440-1795 Meeting x Jon BeBerg Left mess behind, sub cleaned up Jon talked to sub on phone himself Paul Lemke No listing No listing No listing Meeting x Steve Haeg Damage to property, restoration Not a subscriber Del,Kevin Busse 5101 160th St SE 1815-408226-1 612-447-3698 Meeting x Jon BeBerg Service after storm. New drop, Sub happy per Jon arie1line removed Eugene Stearns 5383 Flagstaff 1815-404775-1 612-447-6366 Meeting x x Bob Brewer Price & product, better pricing in Issued 1 mth. credit-several Florida tic's on acct. Russ Dunker 4487 Chestnut Ln 1815-416024-1 612-447-1843 Meeting x Bob Brewer Wanted Golf channel-response Bob Brewer discussed w/sub needed Ken W ouri 17084 Phesant Meadow 1815-225968-1 612-440-8842 Meeting x Scott Walter Installation issue, codes Needs to met w/contractors?? Andrea Hayes 4666 Dakota Ave SE 1815-406440-3 612-447-7698 Meeting x Jon BeBerg Bad piece of underground- Redoing cable through alley replacing under alley this week Valerie Subela 4203 Grainwood Cir 1815-404517-1 612-447-5212 Meeting x x Theresa Sunde Not credited enough for 2 days was credited for services without cable missed already Rich Henkmeyer 16686 Creekside Cir 1815-404153-2 612-440-5322 Meeting x R.Kuchenbecker Outage not logged in computer Given city wide credit Frank Boyles City Manager of PL. 1815-408720-2 612-447-5614 Letter sent Brewer/Bordwell NCT A Compliances, FCC Proof S.Walter sending to Tom of Performance records Bordwell/Larkin Hoffman John,Carolyn Egan 15161 Edgewater Cir 1815-404303-1 612-447-6116 Letter sent x Theresa Sunde Poor picture quality One month credit for problems Joann Dalby 14251 Fisher Ave 1815-405440-1 612-445-7584 Letter sent x x Theresa Sunde Poor picture quality, credit a Credited 17 days so far this hassle, rude CSR's year Cheryl Cooper 3233 Vale Cir SW 1815-407630-1 612-440-5810 Letter sent x Theresa Sunde Poor service, little credit given in Only 2 tic's listed, she was return already credited for them Barbara,David Roesler 3877 Island View Cir 1815-404741-1 612-447-1485 Letter sent x x Theresa Sunde Not enough channels, poor service Left message of concern on after hours machine, credited 1 month Bob Conzemius 4156 Wind song Cir 1815-404645-1 612-447-6958 Letter sent x Theresa Sunde Unacceptable picutre quality, too Left message to call me for tic, many excuses issued 1 month credit Gerald Olson 3356 Todd Rd SW 1815-407618-1 612-447-4904 Letter sent x Theresa Ssunde Process fees too high, not enough Process fee removed 8/3/98 , staff, phone delays no tic's noted Bret Woodson Personnel Dir/ Asst Cty Mg No listing No Listing Letter sent x Theresa Sunde Documented local access Problem fixed per Jon BeBerg problems on 5 I/meetings Elaine Friedman 6565 Harbor Place NE 1815-405975-5 612-403-9369 Letter sent x x Jon BeBerg Needs bul)' done ASAP Neighbor did bul)', we need to correct itll month credit Darrell Sides 17432 Sunray Cir 18 I 5-408685- I 612-447-1489 Per Walter x Steve Haeg Left message behind, dumpster left message for sub used without permission N:\LISTSIRECEPITRIAXDOC Lisa,Richard Elsenpeter 16534 Franklin TrI #2A 1815-409029-1 Letter sent x Jon BeBerg Cable reception bad, fixed from I month service credit issued outside per tech Gary A. Nelson 5605 Cedarwood Trl 1815-405743-1 Letter sent x Theresa Sunde Unprofessional CSR's poor Letter to sub, I week's credit service, not enough channels Robert,Teresa George 17428 Sunray Cir SW 1815-408692-1 Letter sent x Theresa Sunde Excuses for poor service, no Letter to sub, I week's credit results from phone calls Maureen Tiedt 16073 SE Franklin Tr 1815-408378-3 Letter sent x Theresa Sunde Continuing problems w/ service, Subscriber moved 11/15 to a can't get through on 800 lines non-serviceable address Daniel,Pat Erickson 16756 Lyons Ave S 1815-408771-1 Letter sent x Theresa Sunde Uncaring attitude as a whole, poor Letter to sub, 1 week's credit service William Johnson 14124 Rutgers 1815-406025-1 Letter sent x Theresa Sunde Trouble programming converter Letter to sub, I week's credit, box for the time switched converter box Phyllis,Jim Kramer 4591 Embassy Cir Letter sent x Theresa Sunde Quality of service, lack of Letter to sub, I week's credit channels compared to other Metro areas Jim Schindler Prior Lake Schools Letter sent x Jon BeBerg Reception on channels 50,51- New equipment ordered and playbacks have poor reception installed, personnel contact Gary Glenna 4606 Lord's St NE Letter sent x Theresa Sunde Quality of picture, loss of service Letter to sub, I week's credit often, financially stable? Mark Cramer Lemer to Triax service is questionable editor/paper Mrs.C.J. Salek 3516 Basswood Cir SW Scott, Trudie Steiner 3995 Pershing St SW 11-14-98 Frequent outages, picture quality CR Lance 16714 Lyons Ave SE 3 -6-99 Quality of service Arlene Kalton 15594 Hill Cir SE 1-13-99 Reception Rosemary Bailey 13200 Henning Cir NE 9-18-98 Outages, phone responses Cheryl Kormanik 3891 Willowwood St SW 12-29-98 Quality of service David Bond 6957 Fleming Rd 447-2815 7-15-99 x Service, on & off all the time Jennifer & Ted Stewart 6678 Denise St NE 447-8170 7-13-99 x Ongoing Problems, Service, Out at night when no one in office & can't be reached, Cost of basic service is too high!! N:\LISTSIRECEPITRIAXDOC