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Cox Must Not Be Allowed to Negotiate Next Contract in Secret

 

Two years ago Cox tried to get rid of public access TV. Their efforts bypassed the prescribed ways of working such things out through the Cable Television Advisory Committee; they even ignored a compromise proposed by Deputy City Attorney Tom Mumgaard. Instead, they conducted months of secret meetings with city officials, starting with Councilman Jim Suttle, threw fairness and the standards of public access in other communities out the window, and succeeded in taking away all but three of the original 14 channels promised to the city.

 

The Omaha Reader reported the matter more thoroughly than other media. To see their account click here.

 

Our next city council and mayor will negotiate Cox’s next contract, which Omaha will have to live with for as much as thirty years. Every candidate should be held accountable: if they believe that it is sometimes appropriate to hold secret meetings for contract negotiations, we need to know under what circumstances.

 

Of course, the better way would be to promise complete transparency. The public should not be shut out this time.

 

If you would like to help lobby current city councilmen, as well as candidates for mayor and city council, contact us.

 

Only in Omaha

“Basic” customers of Cox can get channel 109 for an additional $5.25 per month

They make you jump through flaming hoops, but it is possible to get Cox to add 109 and 110 to your basic lineup for $5.25 per month.

 

When you call to ask for the service, keep two things in mind:

  1. The salesperson probably will deny the existence of the service. Do not back down. Demand that they look for a product that is numbered “3125.”
  2. They will try to get you to pay for an installation kit, an extra $9.95. You can borrow Independent Television Omaha’s kit for free.

 

Cox delays Democracy Now!

There are four Cox affiliates that carry Democracy Now! on their public access channels, Omaha, Fayetteville AR, Pensacola FL, and Tucson AZ. In every other city that we know of, including the other three that are served by Cox, the show is aired the same day it originates, as you would expect of a news program. Only in Omaha is the program aired a week after it originates.

 

Independent Television Omaha is conducting a survey to determine whether any other cable franchise forces its Democracy Now! viewers to wait and watch the show as a rerun. It is possible that Omaha is the only city in the nation where this happens.

 

What Cox Will Do Next
And How We Must Prepare


Cox tried to get rid of public access during the last year. If there hadn't been an Independent Television Omaha to fight the battle, they probably would have succeeded.

We would be naive to imagine that they will not try go get rid of us again. And in addition to killing off public access, they are surely thinking about how to get the sweetest deal possible in the upcoming contract renegotiation.

Our best defense is to mount a strong offense. We should Demand Free Basic service and free wireless Internet service. And we should join in coalition with other groups who understand the need for citizen control over bandwidth, and make the demand statewide.

Cox is famous nationwide for making deals with city leaders on the golf course and in the cocktail lounges. What happened in the last year, with repeated negotiations conducted by the Deputy City Attorney Tom Mumgaard, Cox, and Councilman Jim Suttle, in secret, is their stock and trade. They will do it again in their efforts to get an even more profitable renewed contract. They will also do whatever they can get away with to get their boys reelected to City Council.

At the Legislature, the cable industry has gotten a law in place that prohibits municipalities from operating broadband services. How convenient for Cox, that Omaha cannot threaten simply to fire them, and operate our own system as hundreds of cities are considering, and Canada and Korea are doing. (Please go to www.freepress.net/ docs/mb_white_paper.pdf for more information.) Instead, the Legislature buckled to the high-power lobbyists, including Kermit Brashear and Curt Bromm, paid $5,000 per month each by the industry while they were lobbying.

Thus, Nebraska cannot now do what Philadelphia is doing, making wireless Internet available throughout the city, free to many, but at most costing citizens $10. Please go to www.phila.gov/wireless/ briefing.html for more information.

But the idea of publicly operated broadband services is not dead yet, not just because Nebraskans want to have what Philadelphia has, but also because many of Nebraska's electric companies are in a position to get into the business using fiber optic cables already in place. In Columbus, Linda Aerni, has taken out a petition to get the needed signatures for placing repeal of the bill on the ballot. We could vote to repeal this bill in two years.

Why does it matter that monopolies could control broadband? Because the day is at hand when access to media and information is only as good as access to broadband. One needs only to look at what has happened to radio in the last 10 years after a tiny number of conglomerates bought out all the small operators. What is at stake is the Clear Channeling of television and everything else.

Just one more arrogant theft

Cox Removes IPTV From Basic Lineup

Cox has taken another channel off the basic lineup. First Public Access was moved to Digital Siberia, now it’s Iowa Public TV.

 

Viewers on both sides of the river were shocked to find that IPTV, formerly on Cox 13, had disappeared, when they tuned in on June 15. Activists investigating the loss, report that IPTV was not consulted. As usual, the Omaha City Council, who in theory enforce Cox’s contract, were not consulted. To those who have more than basic service, the channel can be viewed, like Public Access, on one of the digital channels. You have to pay more, of course.

 

What Cox did was a violation of its agreement with the city. According to the franchise agreement, Cox cannot carry out a change in service without the permission of City Council, and they have a high bar of proof to meet before the council can give its ok. Usually, a study is supposed to be done first. Of course, none of this happened. The language in the franchise that regulates changes of service is in Article I, Sec. 6, Paragraph a. You can check this out yourself by going to the bar on top of this page, click on “Cox & Omaha.” From there, go to the franchise agreement.

 

What Cox is doing is a pattern. But we can turn it around if we take action.  Contact City Council and demand that both channels, Public Access, and IPTV, be put back on the basic tier. Both changes violated the franchise.

 

Help hand out leaflets at the concert in Memorial Park June 26. Meet at the bridge across Dodge between 4 and 5 pm. Call Frances for updates. 402-208-3717

 

We can win this one for two reasons: City Council has four new members, and Cox has some new leadership.

 

Lessons For Next Mayor and City Council

Omaha’s Failure to Follow Franchise Procedures Will Lead to More Problems

 

The Franchise agreement of 1980, between Omaha and Cox, put some safeguards into place that have been ignored in recent years. In addition, various city leaders are in the habit of meeting in secret with Cox’s representatives to hammer out changes ahead of time, long before these proposals become known to the public. The result is not just rate hikes that get passed without a vote in City Council, but short-sighted decisions that bode ill for the city’s prospects of getting a fair shake in the upcoming contract renewal with Cox. It was by meeting in secret and shortcutting franchise safeguards that city officials almost lost public access, but there is much more at stake.

 

What Cox is now positioned to do is to control the Internet, and all other parts of broadband, the route through which we will get virtually all information in the near future.

  • Will they cut off feedback loops such as public access television or promote real civic participation?
  • Will they try to tell us they know what’s best and should be allowed to slow certain websites down, or will they promote net neutrality?
  • Will they make real attempts to close the digital divide or will they cherry pick the parts of broadband service that are most profitable?
  • Will they offer free or affordable wireless or will they try to tell us that we really don’t want that here?

 

But back to Cox’s partial success in choking off public access television: the cynics are wondering if that round of dealings was a dress rehearsal for the upcoming contract renegotiation.

 

Three years ago, a group of Omahans formed a consortium in order to make better use of Public Access Television. They took the name Independent Television Omaha. They learned that Cox had promised the city 14 public access channels, and that the contract had not been modified, nor had Cox’s obligation to provide the city with 14 channels.

 

What followed was over a year of stonewalling by Cox, and no real support from city officials. When Deputy City Attorney Tom Mumgaard tried to resolve the problem by proposing a compromise, Independent Television Omaha accepted his proposal. That was August 2006. That should have been the end of the matter.

 

But the stonewalling continued, this time with Cox and various city officials meeting in secret to lay out a solution that was acceptable to Cox. The tail was wagging a very willing dog.

 

How long did the meetings go on? Until Cox had gained enough support in city council to pass a modification of the franchise that got them off the hook. It took from August, 2006, until the last week of April, 2007, for this to happen. The result was a change in rules that seriously undermined public access television. (A brand new rule was also imposed, that public access must be primarily locally produced. That rule required that two satellite feed channels, Scola and the Catholic channel, be called something other than public access. Presto! It happened. The Catholics could have Mother Angelica on their satellite feed, but the rest of us would be told to do without Democracy Now!)

 

Another change happened at the same time. The individual members of the public, and Independent Television Omaha, were taken off the basic tier of service and moved to a place where most viewers would fail to find them, digital channel 109. No one considered the original provision in the franchise, not to mention FCC standards,  that require that public access must be placed on the basic tier of service. The franchise agreement is even more specific:  “All Public Access Programming shall be carried on the Universal Tier (free tier) throughout the term of the franchise.”  Addendum A, 9/4/80

 

Neither did anyone pay any attention to another safeguard built into the original franchise: when Cox requested changes that were more than just housekeeping, the city was to do a study to determine the need and the likely outcome. No study was done.

 

Cox got its way with the City Council, and the changes were implemented late August, 2007.

 

But the problems were only getting started. The local producers on the old channel 23 had lost their soapbox, because very few of the old viewers were able to get 109. The unfairness and inadequacy of it was constantly raised at CTAC meetings. The producers also were having trouble producing their shows because Cox had eliminated all but one production studio, and that studio had only one room where recording could happen. It was also open only 3 days a week.

 

The process of resolving such problems was ineffective. CTAC, The all-volunteer committee whose job it was to take care of such complaints, was powerless and only met once a month. Frustrations mounted. Perhaps the prospect of new city leadership would open some doors.

 

The producers, realizing that there was more at stake than public access television, are now calling for a commitment from every incumbent city office holder, as well as from every candidate, to learn from this messy history. They are asking all present office holders and candidates to refuse secret meetings with Cox, and to strictly follow all procedures in the franchise, especially during the upcoming contract negotiations.

 

And, of course, the existing mess has to be cleaned up. City Council must force Cox to do what the franchise requires, put public access back on the basic tier, and restore at least one of the public access studios that they took away.

 

 

 

Now that Cox’s Contract is Up for Renewal

Omaha Deserves Better Broadband

 

Broadband, particularly at high data speeds, is a powerful driver of robust economic development. It multiplies outcomes in:

Education,

Public Safety,

Homeland Security,

Health Care,

Telework,

Environmental Sustainability,

Urban Revitalization,

Government Service, and, of course,

Entertainment

http://www.e-nc.org/Baller-Herbst_Report.asp

 

Although the USA pioneered the Internet, we are at a huge competitive disadvantage. Densely populated countries such as Japan and Korea offer cheaper and much faster (around ten times faster) broadband; likewise, Canada’s broadband, while slightly more expensive than ours, is faster and reaches more of its people.

http://tinyurl.com/3jxb78

Contact your senator and congressman and ask for a better national broadband policy.

 

On the local level, Omaha should do some comparison shopping, and demand from Cox what other cities, such as Grand Rapids, Michigan, are getting.

 

Go here to see what a good franchise agreement looks like

http://www.buskegroup.com/html/franchise_agreements.html

 

 

Cox Attacks Net Neutrality

 

Hey, Cox: Stop Trying to Play God with the Internet

PC World, January 28, 2009
By J.R. Raphael

http://www.freepress.net/node/47674

 

Here is what others are saying about Cox and net neutrality.

>http://www.freepress.net/taxonomy/term/3778

 

Here is what our friend Tony has to say:

You realize what this is all about, don't you?

Netflix's "on demand" service (free when you join Netflix's wonderful DVD-by-mail service) is really starting to take off. There are now dedicated devices which get Netflix's increasing library of on-demand programs, and even some BlueRay players (like Samsung's) have Netflix on-demand built in -- all you have to do is join Netflix and plug the DVD player into your broadband connection.

Netflix is wooing eyeballs away from cable.

This is a threat to Cox (and Comcast, which started throttling early in 2007).

Cox is fighting back by blocking Netflix's internet assault by limiting monthly bandwidth on its Internet service while simultaneously pushing "on demand" viewing through its cable service.

Cox's ruse couldn't be more obvious if you dumped a case of Windex on it.

 

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Channel 109: Our New Home

The future of television is digital. That is why we are optimistic, in spite of the fact that Cox succeeded in forcing us to move off the basic tier. (How did they do that? By redefining the meaning of the word basic, surely not what city council intended in their May 15 ordinance, but never mind, no city councilman could be found to enforce their own directive).

The new channel contains much of what the old Metro 23 had, lots of local religious programming, a small handful of folks doing shows related to issues, and, Independent Television Omaha (ITO). ITO was recognized formally as a consortium in the May 15 ordinance, and that gives us rights to a lot of time on channel 109.

Democracy Now!
Tune in to 109 every week night at 10:30 pm for Democracy Now! Recently, Cox changed the rules for turning in shows. The result was that Democracy Now! airs a week late. Every other public access channel we know of airs DN!  on time. Omaha is probably the only city in the world whose cable company delays the broadcast of this important news program.


Our Call-In Show
It looks hopeful ITO may get its own call-in show, Omahas answer to Bill OReilly. Doug Paterson is all set to host it, and the time will be Tuesday evenings at 8:00 pm.

Marghee Paterson will broadcast her own show, Blackout Omaha Tuesdays, at 7:00 pm.

Additionally, we are seeking locally produced material from lots of places. Any suggestions are welcome!

Check here often for whats on TV. We will be put more details on this site about shows worth watching than youll find on the on-screen guide.