Minutes 1993/10/12
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Roll Call
Cable TV
Adjrnmt.
Adjourned Special Meeting
October 12, 1993
Gilroy, California
The City Clerk reported that the notice of this Adjourned
Special meeting had been posted on October 12, 1993 at 9:00 a.m.
(within 24 hours of the October 11, 1993 adjournment) and the
Agenda posted on October 12, 1993 at 11:23 a.m.
Present: Councilmembers: K. A. Mike Gilroy, Leonard A.
Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete
Valdez, Jr. and Donald F. Gage. 7:00 p.m. (Council Chambers).
The Mayor stated that Council continued action on consider-
ation of a resolution providing for the regulation of Basic Ser-
vice Tier Rates and Related Equipment, Installation and Service
Charges of any Cable Televisions System Operating in the City of
Gilroy and authorizing execution of certificate of franchise
authority to regulate basic cable service rates and initial
finding of lack of effective competition to this time and place.
City Administrator Baksa noted that Falcon Cable had re-
submitted their previous letter agreement to agree, if Council
postponed certification, that after December 31, 1993 they would
notify the City of their initial rate changes to service levels
that would qualify for local franchise rate regulation sixty days
in advance of the effective date.
Public Information Technician McCann further explained the
rate setting process under the 1992 Cable Act. It was noted that
the FCC rules regarding cost recovery in rebuilding a cable
system have not been established to date. Discussion was had by
Council on the matter.
Mr. Bob Barky, Gilroy resident, addressed the Council and
noted that he is opposed to Falcon Cable operations and that he
has been attempting to obtain a community access television
channel for Gilroy with no success. He requested Council certify
its franchise authority to regulate basic cable service rates
immediately without further delay.
Mr. Jack Kazanjian, 831-3rd St., addressed the Council
noting that he agrees with the previous speaker but not his
solution. He noted to insure favorable rates the city must
permit competition or the threat of competition noting that
controlling rates will not allow the cable system to become the
state of the art. He recommended that the City become
certified. City Administrator Baksa noted that the franchise
the City has with Falcon Cable is a non-exclusive franchise.
Mr. Bruce Williams, Falcon Cable, noted that he takes
offense to Mr. Barky's statements and noted that there are no
channels available at this time for a public access channel.
Further discussion was had by Council on the matter.
Motion was made by Councilman Gilroy seconded by Council-
woman Nelson by the following Roll Call Vote to delay certifica-
tion of its franchise authority to regulate basic cable service
rates until December 20, 1993: Ayes: Councilmembers: Gilroy,
Hale, Nelson and Gage; Noes: Councilmembers: Kloecker, Rowlison
and Valdez.
At 7:27 p.m. the Mayor adjourned the meeting to a Study
Session of the Council re: Anti-Violent Crime Report.
Respectfully submitted,
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/ City Clerk . 1