11-14-2008

FOR IMMEDIATE RELEASE
FOR MORE INFORMATION CONTACT
ANDREW BARBANO (775) 786-1455
ON-AIR (775) 682-4144
(Barbwire.TV, Reno-Sparks-Washoe Channels 16 & 216
M-F, 2-4:00 p.m. PST / 22-24:00 ZULU/GMT)

PRE-EMPTIVE STRIKE
So sue us: Charter tells Reno and Reid

RENO, NV – Without waiting for the Reno City Council to make a settle-or-sue decision next Wednesday, Charter Communications has begun implementing its plan to move northwestern Nevada public, educational and governmental (PEG) access television to the low-audience, high-cost digital tier.

Yesterday, Charter basic and expanded basic customers received a mailer notifying them that community television would be moved to the inaccessible digital tier on Dec. 15.

"The simple facts are that Charter has side-swiped the city of Reno," stated Sierra Nevada Community Access Television (SNCAT) Executive Director Les Smith. (775-828-1211)

" In all their offers, Charter stated that they would provide free installation. But there is no offer of installation anywhere in the mailer," he noted in a memo to the Reno City Council.

"In addition, by requiring those who wish to redeem the coupon (for a one-year waiver of Charter's $5.00 per month per digital converter fee) to bring it to the Charter offices, they have effectively put this offer out of reach of all but a handful of the at-risk, core viewership that Councilman David Aiazzi and the City of Reno have sought to protect all along. Charter's offer is no solution and was obviously planned and executed prior to last Monday's council meeting," Smith stated.

Charter sent the council a letter dated Nov. 7 that the company would mail a "waiver letter" to "all residential analog customers" which would offer "FREE installation." (No emphasis added.)

"The SNCAT board asked me to recommend that the City of Reno take whatever legal steps are necessary to stop this move," Smith said.

The Charter issue is still on the Reno City Council agenda (items J15 and J15-.1) for Wednesday, Nov. 19. Those wishing to make their opinions heard should plan on attending.

U.S. Senate Majority Leader Harry Reid, D-Nev., has promised to join the City of Reno in potential legal action. (Statement to Reno News & Review posted at ReSurge.TV)

Please contact Sen. Reid, Reno Mayor Bob Cashell and members of the Reno City Council. Ask them to keep their promise to go to court to stop Charter cable from killing community television in northwestern Nevada. Residents of Sparks, Carson City, Washoe and Douglas counties should contact their state and local officials.

Local governments in Michigan have successfully sued to stop Comcast, a potential buyer of Charter's Nevada operations, from moving the PEG channels.

Please consider joining the ratepayers advocacy organization, ReSurge.TV, where complete information on these issues may be found.

Be well. Raise hell.


Andrew Barbano
Barbwire.TV
ReSurge.TV

Contributions to the ratepayer legal defense fund may be sent payable to ReSurge.TV
P.O. Box 10034
Reno, NV 89510
You may also use your debit or credit card via PayPal at ReSurge.TV

Contact information
(all area code 775)

U.S. Senate Majority Leader Harry Reid, D-Nev.
Sen. Reid-Reno 686-5750
Fax 686-5757

Sen. Reid-Carson City 882-7343
Fax 883-1980

E-mail
http://reid.senate.gov/contact/index.cfm

City of Reno
Fax 334-2097

Reno Mayor Bob Cashell 334-2001
cashellr@cityofreno.com

Councilmember Dave Aiazzi 334-2016
aiazzi@cityofreno.com

Councilmember Dwight Dortch 334-2015
dortchd@cityofreno.com

Councilmember Dan Gustin 334-2011
gustind@cityofreno.com

Councilmember Pierre Hascheff 334-2014
hascheff@cityofreno.com

Councilmember Jessica Sferrazza 334-2012
sferrazzaj@cityofreno.com

Councilmember Sharon Zadra 334-2017
zadras@cityofreno.com

City Manager Charles McNeely 334-2020
mcneely@ci.reno.nv.us

Reno-Sparks-Washoe Charter cable channels 16 & 216 2:00-4:00 p.m. PST, 22:00-24:00 ZULU/GMT/CUT/SUT

What may well be the first marriage of talk radio, talk TV and webcast webchat

Contact: Les Smith
(775) 828-1211
lsmith@sncat.org

FOR IMMEDIATE RELEASE
CHARTER SIDE-SWIPES CITY OF RENO IN PEG DEAL

RENO, NV – NOV. 14, 2008 – Charter Cable has bypassed the Reno City Council and sent a mailer, announcing that it will be moving the public, education and government (PEG) channels to the digital tier on December 15, 2008, with a coupon offer that falls far short of any of the offers presented to the city council.

Councilman Dave Aiazzi has been working with Charter to set up an equitable agreement that left no one behind. But on Thursday November 13th, Bunchie Tyler, a volunteer public access producer for Sierra Nevada Community Access Television (SNCAT), received a mailer that was apparently sent to all Charter analog subscribers. The mailer stated that the PEG channels (and only the PEG channels) are moving to the digital tier on December 15th.

Charter is offering coupons in the mailer, redeemable for free rental of one digital box per household until December 31, 2009.

"For people like me, the disabled, the elderly, shut-ins and those won’t understand or even recognize this is some kind of an offer, this coupon will be no help at all," said Tyler, who walks with crutches and uses a scooter to get around.

"What happened to my voice? I took the time to go to the city council and let them know my concerns. I expressed my concerns directly to Charter and they have chosen to ignore me, Dave Aiazzi and the Reno City Council."

On Monday, November 10th, the Reno city council voted to continue this issue to allow for negotiations with Charter and the signing of an agreement. But, Charter's mailer was apparently planned and executed prior to last Monday's council meeting.

"This is an obvious move on the part of Charter to head-off that process and avoid entanglements for any potential future sale of Charter services in this market," said Les Smith executive director of SNCAT.

"And, Charter is desperate to move the PEG channels as a fait-accompli before the new and decidedly less sympathetic legislature has a chance to rework this issue."

In all previous offers, Charter stated that they would provide free installation. But, there is no offer of installation anywhere in the mailer. In addition, the requirement to bring the coupon into the Charter offices makes it virtually impossible for those who can’t get out or have difficulty getting around. This effectively put the offer out of reach of all but a handful of the at-risk, core viewership that Councilman Aiazzi and the city of Reno have sought to protect all along.

The Charter issue is still on the Reno City Council agenda (items J15 and J15-.1) for Wednesday, Nov. 19. Those wishing to make their opinions heard should plan on attending.

11-12-2008
The devil and the deep blue sea

Reno City Council deal vs. Charter's offer:
Both lead to the same damned place
Barbwire by Barbano / Special Internet Edition
11-12-2008

Reno City Councilmember Dave Aiazzi made an offer to Charter Communications which he presented at the Oct. 22, 2008, Reno City Council meeting.

Charter's letters of Nov. 7 and Nov. 10 constitute the company's counter-offer.

All of the above kill the community TV system by banishing it to the low-audience, high-cost, thinly-surfed digital tier.

Charter is offering to do a mailing for its stopgap offer, knowing full well that most ratepayers won't or (in the cases of the elderly, the poor, the handicapped or apartment and motel dwellers) cannot respond.

Direct mail offers usually experience response rates of less than one percent.

Charter, with its stock down in the pennies range, is close to bankruptcy. The company could not afford to purchase 30,000 to 35,000 digital boxes to serve the entire analog (basic + expanded basic) ratepayer base in this region, so the offer of free digital box rent for one year is phony. Charter executives say the boxes cost about $800 each, or about $28,000,000 to service northwestern Nevada.

It' s much cheaper to pay off Mr. Aiazzi and Reno City Hall. In the Daily Sparks Tribune Nov. 11 online edition, he asserts that the $650,000 in ratepayer money he demands in his settlement offer will go to Sierra Nevada Community Access Television (SNCAT).

However, his proposed local franchise novation earmarks it for "access capital grants." The City of Reno used similar ratepayer money (obtained in 2005 from granting Charter a lucrative, new and very advantageous 15-year franchise) to rewire the black tower now known as Reno City Hall. SNCAT received only a minor fraction.

Worse, Mr. Aiazzi's proposed deal would give the City of Reno control over all community TV in the Truckee Meadows, including two remaining analog channels, one of which would be for exclusive Reno City Hall use, the other to be split between Reno, Sparks, Washoe County and SNCAT public access — basically promising to stuff 20 pounds into a five-pound bag.

From the revised city proposal handed to me by Councilman Aiazzi at the Nov. 10 council meeting:

Combination Channel. Charter agrees to establish and maintain one (1) analog channel for joint use by the cities of Reno and Sparks, and Washoe County. The City agrees to work with Sparks and Washoe County to establish a mutually acceptable broadcast schedule and programming. The use of this channel shall be determined by the City of Reno or its designee. On March 2, 2009, Charter may move the Combination Channel from the analog tier to the digital tier. (Emphasis added.) [Contrast the Oct. 22 and Nov. 10 versions, below.]

The diversity of points of view which have been the trademark of the nationally-distinguished SNCAT system will be a thing of the past as elected officials and bureaucrats control content through both management of the channel and diminished availability of broadcast time.

The rights of viewers, producers, Sparks and Washoe County ratepayers would be thus reduced to second-class status.

The Federal Communications Commission has mandated that the analog tier (single and double-digit stations accessible without renting the digital box) remain available until at least 2010 and perhaps until 2013.

Community TV should remain on the analog tier as long as that tier exists.

ReSurge.TV's position is that federal law requires it. A federal judge in Michigan recently agreed.

Sierra Nevada Community Access Television produces and broadcasts public, educational and governmental programming. It has trained countless citizens in producing their own shows. In conjunction with TMCC, SNCAT recently launched KJIV.org, the webstreaming prototype for what will be an over-the-air, non-commercial community radio station.

We need your help to take these guys to court if necessary. If you can afford it, please consider contributing to the ReSurge.TV ratepayer defense fund. You may donate with your debit or credit card via PayPal at this website. You may send a check or money order payable to ReSurge.TV, P.O. Box 10034, Reno NV 89510.

Thank you and spread the word.

Be well. Raise hell.

_______________
Rubbing in the salt: As I conclude composing, integrating and uploading all this, the IFC Channel on Charter's system is broadcasting an installment of Getting Away with Murder.

Reno-Sparks NAACP opposes Charter channel switch

Another very noteworthy change —

Here is the City of Reno's channel lineup in Aiazzi's Oct. 22, 2008, offer:

Public, Educational and Governmental (TEGO Access Channels)

Number of PEG Channels

Charter shall provide PEG channels as designated below. The Future Use Channel shall be used for governmental or educational access by the City. Charter shall not be required to provide channel unless the current non-educational channels are being utilized for cablecasting at least one hundred (100) hours per month by unduplicated video programming, and further, that additional contemplated PEG programming cannot effectively utilize channel during the time that is available.

Here is the lineup from the Nov. 10, 2008, revision

Public, Educational and Governmental (TEGO Access Channels)
      (We're still trying to find out what the hell TEGO stands for. Take-out TV dinners, perhaps?)

In the first set, the City of Reno controls all channels.
The Nov. 10 revision is silent as to control of the "Educational Access" channel.

From the Nov. 10 revised city proposal handed to me by Councilman Aiazzi:

5. Combination Channel. Charter agrees to establish and maintain one (1) analog channel for joint use by the cities of Reno and Sparks, and Washoe County. The City agrees to work with Sparks and Washoe County to establish a mutually acceptable broadcast schedule and programming. The use of this channel shall be determined by the City of Reno or its designee. On March 2, 2009, Charter may move the Combination Channel from the analog tier to the digital tier. (Emphasis added.)

Fight over access to public, educational and government channels coming to a head
by Jessica Garcia
Tuesday
November 11, 2008

Four community public access channels hang in the balance as the Reno City Council and Charter Communications work toward an agreement that could move them from the analog to the digital tier.

Meanwhile, a consumer group, Resurge.tv, led by activist Andrew Barbano, is preparing to go to court against the city and Charter on behalf of Charter's ratepayers if this agreement is made.

Barbano said the move would give Reno control of community television and violate the rights of customers still on the analog.

"It's pure, unadulterated greed," Barbano said.*

On Friday, Charter's general manager, Manny Martinez, sent a letter to Reno Councilman Dave Aiazzi, who has taken the council lead on this matter. Martinez delineated a proposal for those analog-only customers who do not have the equipment to convert to digital to receive a digital box to continue their public, educational and government (PEG) access channels.

The letter states that Charter would:

• Mail a waiver letter to all residential analog customers that would allow customers either to redeem the waiver in Charter's Reno office for use of a digital converter through Dec. 31, 2009 with free installation; customers who want to redeem the waiver must pick up their converter box by Feb. 28, 2009. Alternatively, they could redeem the waiver at Reno's RC Willey store for a discount on the purchase of a digital television set; RC Willey has established an expiration date of Dec. 31 on the discount.
  
  
• Maintain one analog PEG channel between the transition period to begin on or after Dec. 15 through Feb. 28, 2009 that would broadcast live each local government's meeting, including the Washoe County Commission and Reno and Sparks city councils, along with Sierra Nevada Community Access Television's (SNCAT) programming. After that date, the four PEG channels will be on the digital tier and customers with converter boxes will have until the end of 2009 to decide if they want to pay for the box to continue to receive the channels.

Aiazzi then responded with a settlement agreement asking for Charter to contribute $650,000 over the next 12 years. The money would not benefit the city, but would go to SNCAT, Aiazzi said.

"The city's not going to receive anything," Aiazzi said. "What was in the franchise agreement we currently have with Charter is that money (eventually would) support SNCAT to upgrade its cameras for its programming, but I don't think Charter is going to agree to that. The big fight is with the legislators who are trying to take power of the franchise agreement."

Charter is bound by a 2007 state franchise law that takes control of franchise cable agreements away from cities and counties.

"It may hurt taxpayers quite a bit if they continue to do this," Aiazzi said.

Barbano worries that the agreement would give Reno exclusive control of these community access channels. The city of Sparks and Washoe County have not responded, he said.

"The bottom line is that Aiazzi wants to buy Reno off with a $650,000 bribe and give Reno control of one remaining access station," Barbano said. [EDITOR'S NOTE: Actually, I said Aiazzi wants Charter to buy Reno off. —> AB]

After reviewing Aiazzi's drafted agreement, Charter sent a follow-up letter on Monday adding more conditions, including maintaining the four PEG channels in the digital platform and withdrawing free services to local community buildings within Charter's distribution area. Instead, that second letter denotes, Charter would negotiate discounted video services in a multi-service contract.

George Jostlin, Charter's director of government affairs and public relations, said the company is working with the city to resolve the matter.

"We've continued to work toward a mutual agreement upon a solution to each side's satisfaction," Jostlin said. "Councilman Aiazzi's proposal was reviewed and there were issues that we had and have handled that directly with the councilman."
Jostlin said the funneling of the four PEG channels would not be a hindrance.

"The city of Sparks does varied events live on Monday, the county does live on Tuesday and Reno does live on Thursday and it's rare that you would find all four stations filled with duplicated programming," Jostlin said.

Charter has about 150,000 customers in the region, about half of which are in Washoe County. About 30,000 are still on analog with basic and expanded basic television.

An estimated 20,000 customers who currently do not have digital TV sets would have to lease converter boxes at $5 a month to have continued access to PEG channels.

Charter must convert all but the "must carry" channels to the digital tier by the end of February 2009.

Reno channel 13, Sparks channel 15, public access channel 16 and Washoe County channel 17 would be moved to the digital tier so that the remaining bandwidth space would be available for more high-definition channels.

The Reno City Council will continue its discussion of the settlement agreement on Monday at 10 a.m. [EDITOR'S NOTE: The Reno City Council will decide whether to settle or sue on Wednesday, Oct. 19.—> AB]

Barbano said he will wait to find out the results of the council's discussion on Monday. [EDITOR'S NOTE: Actually, Wednesday, Oct. 19.)

Pending the outcome, he said he would sue as early as Nov. 20.

 

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* EDITOR'S NOTE: I used the term "pure, unadulterated greed" in explaining Charter's self-admitted motivation of corporate profit. However, the money and power grab by Mr. Aiazzi speaks for itself. He told me at the Nov. 10 council meeting that the Reno City Attorney is not in an informed position regarding the negotiations, which Mr. Aiazzi has apparently been conducting unilaterally. As far as we know, no one representing SNCAT's board, management or producers has been included in the behind-closed-doors dealings. Neither has anyone representing ratepayers, SNCAT clients, the City of Sparks or Washoe County. —> AB

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