12/2/2008 CABLE AND ADVANCED TECHNOLOGY COMMITTEE Minutes

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1 TOWN OF M garble & Advanced Technology Advisory Board Minutes of the Meeting of Tuesday, Dec. 2, 2008 Board Members Present: Members Absent: Also Present: Andrew Eliason Jim Chisholm Rene Read, Asst, Town Manager Lolita McCray Jim Moroney David DelVecchio, Director of IT Maxine Wolfset Peter J. Epstein, Attorney Peter Cohen David Borges,U ass Dartmouth Joyce Mason, Torn Manager Chairman Andrew Eliason called the meeting to order at 2:00 PM Review of Minutes. A emotion was made, seconded and passed to approve as presented the minutes from the IVICAT meeting held on 11/18/08. a - Peter Epstein's'Report. Peter Epstein introduced himself to the meeting as an attorney with the lav firm Epstein August in Boston specializing in cable and Telecommunications Law, and as representing the Tdwn of Mashpee. Mr. Epstein stated that there is a consortium of cape communities that have gotten together to do a contract renewal with Comcast, and Mashpee is one of those towns. The consortium includes Bourne, Falmouth, Sandwich, Chatham, Dennis and Harwich. All of the town franchises expire around the same time. Mr. Epstein stated that a number of towns used the studio in Orleans, including Eastham, 0l ellfleet and Provincetown*. Comcast has announced that when its contract with Orleans expires in 2011, it will not renew the studio contract. Mr. Epstein stated further that it is the intention of Comcast to discontinue the renewal of studio contracts altogether. Comcast made it clear in the Assertainrnent Hearing that if Mashpee asked for funds allocated from any net profits to corer costs, those funds would be passed through. Andrew Eliason asked Peter Epstein what he would be asking for, in terms of that funding. Peter Epstein stated that Joyce Mason had asked for an increase in annual funding from % to 5%, the maximum set by the Federal government. At the present time, Comcast operates a studio in I lashpee, and it is only for public access. In the license, Comcast is required to spend $45,000 per year to operate the studio. Peter Epstein recommended that this committee ask Comcast for a budget for that studio. The Town, to operate educational and government access, gets % of gross revenues. I lashpee has 7:562 subscribers; Comcast generates $65 per subscriber per month per year; % would yield approximately $295,000 per year. Peter Epstein stated that the primary issue for this committee to focus on is that Comcast WILL NOT continue operating the studio. Mr. Epstein advised that the committee ask Comcast, in its RFP, to continue to operate the studio. In the alternative, if they won't, ask for an increase in annual funding from % to %. Ma tepee gets 50 cents per subscriber per year which goes into the general fund; the state gets 80 cents per subscriber per year; the FCC gets 60 cents per