City Council poised to lock city into bad 12-year
cable deal
Mon., Dec. 06, 2004 /public access news
National public access experts to warn city
council to delay vote
Monday, December 6, 2004, at 5 PM, the City Council is scheduled to take its final vote on the Comcast cable contract, bill 04-1504. Many insiders have said it is a done deal. Community television and free speech advocates are trying to delay the vote so critical shortcommings can be addressed.
Friday, Baltimore Grassroots Media (BGM) received, for the first time, the text of a side agreement between the city and Comcast for a $570,000 training grant, the source of promised public access operating funds. However, the agreement letter does not indicate that the $570,000 will go to public access, only that it will go to the City, where it could be used for the Mayor's Government channel 21 that already has a $1.7 million annual budget. Currently the public's channel 5 has no budget. The letter is pre-dated December 6, 2004 and is not signed.
What the letter does clearly spell out is that the $570,000 is in return for the city turning over four cable access channels to Comcast and putting strict limitations on the activation of the remaining four available channels. Why the loss of the four channels is even mentioned in the letter begs explanation, since this is already part of the proposed contract. Ken Crooks of Comcast has said his company wants to avoid setting a precedent where they are seen as giving too much to community television. But what BGM has heard from experts around the country is that Baltimore is about to set a precedent by agreeing to one of the worst deals for public access anywhere.
When the city of San Jose, California tried to get more cable access channels, Comcast refused arguing, "each channel is worth approximately $21.6 million over a ten-year franchise term." Adjusted for Baltimore City, the value of the four lost channels over the 12-year contract is $77 million, or 135 times $570,000.
Friday night, BGM held a public forum on the public access situation in Baltimore. In attendance were several experts on public access from around the country who are sending a letter to City Council President Sheila Dixon to urge her to delay the vote on Monday. They are Richard Turner, Executive Director of Montgomery Community Television, Anthony Riddle, former Executive Director of public access facilities in Atlanta, Minneapolis and New York City, and former National Chair for the Alliance for Community Media, and Steve Ranieri, Executive Director of Community Cable Channel 27 TV in Albuquerque, New Mexico.
Turner also raised the important point that the 50-cent pass-through, that the proposed contract stipulates can only be used for capital expenses, need not have been limited to capital expenses. In fact it could have been designated for operating funds. There is currently no provision for operating funds for public access in the contract. Without operating funds public access cannot hire any people to run public access.
Also in attendance was Tom Kiefaber, owner of the Senator Theatre, who offered to put a message up on the marquee of the theater and send a mass email out to 10,000 supporters. The marquee reads "STOP THE COMCAST CABLE CONTRACT! BILL 04-1504 NEEDS PUBLIC SCRUTINY CONTACT YOUR CITY COUNCIL PERSON."
The League of Women Voters has also sent a letter to Sheila Dixon and the other council members urging them to reject the contract.
The missing memorandum of understanding (MOU) Council President Dixon and Councilman Curran delayed the previous vote over has still not been issued by the Mayor's finance department. It is supposed to guarantee that $430,000 would be directed from the city to public access.
Letter of agreement between Comcast and Baltimore City:
December 6, 2004
Ms. Marilyn Harris-Davis
Mayor's Office of Cable Communications
8 Market Place, Suite 200
Baltimore, MD 21202
Dear Ms. Harris-Davis:
This letter is to confirm the agreement that has been reached between Comcast of Baltimore City, L.P. ("Comcast") and the City of Baltimore (the "City") with respect to Public, Educational and Governmental ("PEG") Access. The term of this agreement shall be twelve years, beginning on January 1, 2005 ("Effective Date").
As you know, Comcast and the City have discussed their mutual interest in improving the quality of PEG access programming available to Baltimore City cable subscribers. Currently, only four channels of the twelve that have been available to the City are used for PEG programming. We have jointly concluded that if Comcast were to provide the City with a technology training and development grant to assist it in training members of the public in using facilities and equipment for television production and for developmental purposes, the City and the Mayor's Office of Cable Communications ("MOCC") could more effectively focus on the creation and provision of robust and attractive programming on a reduced number of PEG channels, particularly with regard to enhancement of public access programming.
Accordingly, Comcast agrees to provide the City with a technology training and development grant in the amount of $570,000. In exchange, the City agrees to accept a reduction in the number of PEG channels it is entitled to program from twelve to eight and to limit the activation of additional PEG channels above the currently operating four channels to one in any twelve month period. The technology training and development grant is payable as follows: $80,000 in the first year of this agreement, $70,000 in the second year of this agreement, $60,000 in the third year of this agreement, and $40,000 each year for the following nine years of this agreement. Annual payments will be made in quarterly installments, simultaneously with Comcast's quarterly franchise fee payments to the City, beginning with the first quarterly payment due following the Effective Date. These payments made pursuant to this letter agreement are in addition to, and not in lieu of, any other commitments, fees or taxes owed by Comcast to the City, whether pursuant to the Franchise Agreement between Comcast and the City or otherwise.
If this letter correctly reflects your understanding of the agreement we have reached, please countersign the enclosed copy in the space provided.
Sincerely,
COMCAST OF BALTIMORE CITY, L.P.
By________________________________
Name:
Title:
Agreed to and accepted by:
THE CITY OF BALTIMORE
By_________________________________
Name:
Title:
Date: _________________
cc: Robert Jacobs
Michael Parker
Rosetta Kerr-Wilson
Angela Patrick
Ralph Tyler
Donald Huskey
Elizabeth Harris
Ernest Crofoot
Linda Barclay
Cedric Crump
Barbara Adams
Monday, December 6, 2004, at 5 PM, the City Council is scheduled to take its final vote on the Comcast cable contract, bill 04-1504. Many insiders have said it is a done deal. Community television and free speech advocates are trying to delay the vote so critical shortcommings can be addressed.
Friday, Baltimore Grassroots Media (BGM) received, for the first time, the text of a side agreement between the city and Comcast for a $570,000 training grant, the source of promised public access operating funds. However, the agreement letter does not indicate that the $570,000 will go to public access, only that it will go to the City, where it could be used for the Mayor's Government channel 21 that already has a $1.7 million annual budget. Currently the public's channel 5 has no budget. The letter is pre-dated December 6, 2004 and is not signed.
What the letter does clearly spell out is that the $570,000 is in return for the city turning over four cable access channels to Comcast and putting strict limitations on the activation of the remaining four available channels. Why the loss of the four channels is even mentioned in the letter begs explanation, since this is already part of the proposed contract. Ken Crooks of Comcast has said his company wants to avoid setting a precedent where they are seen as giving too much to community television. But what BGM has heard from experts around the country is that Baltimore is about to set a precedent by agreeing to one of the worst deals for public access anywhere.
When the city of San Jose, California tried to get more cable access channels, Comcast refused arguing, "each channel is worth approximately $21.6 million over a ten-year franchise term." Adjusted for Baltimore City, the value of the four lost channels over the 12-year contract is $77 million, or 135 times $570,000.
Friday night, BGM held a public forum on the public access situation in Baltimore. In attendance were several experts on public access from around the country who are sending a letter to City Council President Sheila Dixon to urge her to delay the vote on Monday. They are Richard Turner, Executive Director of Montgomery Community Television, Anthony Riddle, former Executive Director of public access facilities in Atlanta, Minneapolis and New York City, and former National Chair for the Alliance for Community Media, and Steve Ranieri, Executive Director of Community Cable Channel 27 TV in Albuquerque, New Mexico.
Turner also raised the important point that the 50-cent pass-through, that the proposed contract stipulates can only be used for capital expenses, need not have been limited to capital expenses. In fact it could have been designated for operating funds. There is currently no provision for operating funds for public access in the contract. Without operating funds public access cannot hire any people to run public access.
Also in attendance was Tom Kiefaber, owner of the Senator Theatre, who offered to put a message up on the marquee of the theater and send a mass email out to 10,000 supporters. The marquee reads "STOP THE COMCAST CABLE CONTRACT! BILL 04-1504 NEEDS PUBLIC SCRUTINY CONTACT YOUR CITY COUNCIL PERSON."
The League of Women Voters has also sent a letter to Sheila Dixon and the other council members urging them to reject the contract.
The missing memorandum of understanding (MOU) Council President Dixon and Councilman Curran delayed the previous vote over has still not been issued by the Mayor's finance department. It is supposed to guarantee that $430,000 would be directed from the city to public access.
Letter of agreement between Comcast and Baltimore City:
December 6, 2004
Ms. Marilyn Harris-Davis
Mayor's Office of Cable Communications
8 Market Place, Suite 200
Baltimore, MD 21202
Dear Ms. Harris-Davis:
This letter is to confirm the agreement that has been reached between Comcast of Baltimore City, L.P. ("Comcast") and the City of Baltimore (the "City") with respect to Public, Educational and Governmental ("PEG") Access. The term of this agreement shall be twelve years, beginning on January 1, 2005 ("Effective Date").
As you know, Comcast and the City have discussed their mutual interest in improving the quality of PEG access programming available to Baltimore City cable subscribers. Currently, only four channels of the twelve that have been available to the City are used for PEG programming. We have jointly concluded that if Comcast were to provide the City with a technology training and development grant to assist it in training members of the public in using facilities and equipment for television production and for developmental purposes, the City and the Mayor's Office of Cable Communications ("MOCC") could more effectively focus on the creation and provision of robust and attractive programming on a reduced number of PEG channels, particularly with regard to enhancement of public access programming.
Accordingly, Comcast agrees to provide the City with a technology training and development grant in the amount of $570,000. In exchange, the City agrees to accept a reduction in the number of PEG channels it is entitled to program from twelve to eight and to limit the activation of additional PEG channels above the currently operating four channels to one in any twelve month period. The technology training and development grant is payable as follows: $80,000 in the first year of this agreement, $70,000 in the second year of this agreement, $60,000 in the third year of this agreement, and $40,000 each year for the following nine years of this agreement. Annual payments will be made in quarterly installments, simultaneously with Comcast's quarterly franchise fee payments to the City, beginning with the first quarterly payment due following the Effective Date. These payments made pursuant to this letter agreement are in addition to, and not in lieu of, any other commitments, fees or taxes owed by Comcast to the City, whether pursuant to the Franchise Agreement between Comcast and the City or otherwise.
If this letter correctly reflects your understanding of the agreement we have reached, please countersign the enclosed copy in the space provided.
Sincerely,
COMCAST OF BALTIMORE CITY, L.P.
By________________________________
Name:
Title:
Agreed to and accepted by:
THE CITY OF BALTIMORE
By_________________________________
Name:
Title:
Date: _________________
cc: Robert Jacobs
Michael Parker
Rosetta Kerr-Wilson
Angela Patrick
Ralph Tyler
Donald Huskey
Elizabeth Harris
Ernest Crofoot
Linda Barclay
Cedric Crump
Barbara Adams