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SPECIAL MEETING AUGUST 27, 1998
<br />A Special Meeting of the Board of Public Works was convened at 10:10 a.m. on Thursday, August
<br />27, 1998, in Recital Hall at Century Center, South Bend, Indiana. Board President James R.
<br />Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Also present was Board
<br />Attorney Michelle Engel.
<br />In accordance with Federal law, the Board of Public Works conducted a public hearing for
<br />consideration of an application for renewal of TCI's franchise agreement. The Board heard evidence
<br />relative to the legal character, fiscal condition, technical expertise, responsiveness of TCI of Michiana
<br />to customer complaints, the performance of TCI under its current franchise agreement, any proposed
<br />changes in the television system in compliance with terms, standards, and conditions of Chapter 7 of
<br />the Municipal Code of the City of South Bend.
<br />The meeting was taped.
<br />Mr. Jim Peterson, General Manager, TCI of Michiana, stated that he would respond to questions.
<br />Attendees at the public hearing objected to the short notice of the public hearing. The South Bend
<br />Tribune published a small notice on the morning of August 27, 1998.
<br />Ms. Angela Jacob, stated that the Notification of Adoption of Resolution for Renewal of the
<br />Franchise Agreement for TCI was faxed to the front desk of the South Bend Tribune as well as was
<br />published in the Legal Section of the South Bend Tribune and the Tri-County News, on August 14,
<br />1998 and August 21, 1998. These documents were faxed on August 10, 1998.
<br />Ms. Mary Aikens, 1220 Hillcrest Road, South Bend, Indiana, was present, and stated that the
<br />placement of the Legal Notice in the South Bend Tribune was not enough to notify citizens of the
<br />public hearing. Ms. Aikens stated that TCI uses false advertisements, and that TCI does not offer
<br />what the citizens want to watch. Additionally, viewers from other areas of Indiana and the country
<br />pay less for their bills. Other cable companies treat their customers better than TCI. TCI does not
<br />give a credit for when cable is not working, and does not give the customers an opportunity to select
<br />which stations they want.
<br />Other attendees voiced the same concerns.
<br />Ms. Nancy Sulak, South Bend Tribune, questioned the validity of the notice of the public hearing and
<br />date(s) submitted. She mentioned the Indiana Open Door Law, which requires public entities to
<br />notify the newspapers of public hearings. Ms. Jacob, Clerk, stated that the notice was faxed to the
<br />City Desk and the Legals department. Ms. Engel stated that the notice complies with the Act.
<br />It was noted that the agreement would be for a fifteen (IS) year period, and any company is welcome
<br />to approach the City of South Bend for a franchise. The City does not solicit companies for a
<br />franchise.
<br />Mr. Caldwell reminded attendees to keep comments pursuant to the renewal of the franchise
<br />agreement. Ms. Roemer stated that the Board of Public Works does not run or operate TCI.
<br />Mr. Jim Peterson, General Manager of TCI of Michiana, stated that they provide service to the
<br />schools for their education, i.e., cable in their classroom. They try to provide a wide range of service,
<br />and, of course, cannot provide every service which everyone wants. TCI stated that their customers
<br />are happy. Attendees stated that everyone they know and talk to, are dissatisfied. Technology
<br />regulates how many programs TCI can provide. The increase of viewing bans is. dependent on
<br />technology.
<br />There being no other discussion, the public hearing was closed.
<br />Upon a motion made by Mr. Caldwell, seconded by Mr. Powell and carried, the Public Hearing be
<br />continued until September 9 at 7:00 p.m., due to the lack of concerned citizens. Mr. Caldwell stated
<br />that a date would be set later in September for the Public Hearing, which would be published.
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