Cable Access Advisory Commission


September 13, 2006

7:00 PM

City Hall, Council Chambers



Contact MCTV staff at 837-3474 if you can’t attend the

 meeting.  Please arrive by 6:50pm.  Meeting will be

cablecast “LIVE” on MGTV.




Agenda topics


Action Items in Bold


I.     Call To Order/Roll Call

II.    Welcome New Member

III.   Election

1.      Chair

2.      Vice-Chair



IV.    Approval - May 10, 2006 Minutes



V   Public Comments



VI.   Old Business

1.      Cable Communications Fund

2.      Commission Vacancy


VII.     New Business

         1. Annual Report, 2005-06 

         2. CAAC Goals, 2006-07

         3.  Friends of MCTV

   4.  Ordinance & Rules Changes

   5.  Meeting Dates-2007




VIII.   Announcements



IX.     Adjournment-Next meeting,

         October 11, 7pm, Council Chambers.












MAY 10, 2006


PRESENT:  Don Deibert; Bob Granstra, Roy Green, Jim Huber, Linda Malekadeli


ABSENT:  Fred Johnson, Ron Beacom – Staff Liaison


ALSO PRESENT:  Melissa Barnard – Library Director; Brandi Pfohl – Recording Secretary


I.                    CALL To Order

By Malekadeli at 7pm


II.                 APPROVAL - of May 2, 2006 Minutes

Minutes approved as submitted.


III.               PUBLIC Comments



IV.              OLD Business

1.      Budget Response Plan

Barnard reviewed what happened at the meeting of the City Council on Monday, May 8.  Citizens spoke on behalf of MCTV.  Council reaffirmed that they will be going forward with the one year payment of $106,100 to MCTV.  Final approval of the City’s budget will be Monday, May 22.


2.      Alternative Funding

                                                   i.            Friends of the Library

Barnard introduced JoAnn Taylor from the Friends of the Library.  Taylor explained the Friends are a 501C3 and also have a foundation.  Most organizations start out with a 501C3, it’s straight forward and easy to obtain.  The organization then has the ability to solicit and sell items for funding.  You can sell up to $5000 without paying sales tax; just have to keep track of what was sold. There is also a cap on income earned from investments.  Taylor also stated the Friends established a private foundation after receiving a donation from the Blake Estate because the income from investments was putting them over the limit.  This is a supporting foundation to the Friend’s 501C3.  She stated the advantage of being a foundation is there are no limits on investment income.  She also stated the Friends don’t have fund raising events; their income comes from the book sales, memberships and investments.  Malekadeli asked when was the Friends of the Library established.  Taylor stated in 1975. They had to reapply in 1999 due to missing paperwork.  Malekadeli questioned why they are their own 501C3 and not under the City of Midland’s.  Taylor stated it makes the Friends a separate legal entity. They have control over their money, without having to go through the library.  Barnard stated if the Friends were part of the City’s 501C3, they would have to follow the City’s rules and ordinances. On their own, they can make their own by-laws, and pick and choose what projects they want to fund for the Library.  Huber asked if the donation was given to the Friends under the terms of an endowment, where principal is not touched, just the interest.  Taylor stated the donation didn’t have any stipulations attached to it, just give it to the Friends of the Library.  Huber questioned what percentage of the Library’s budget is contributed to by the Friends.  Barnard stated not a lot.   The Friends funded the Teen Room, which was a large contribution.  Generally $20,000-30,000 a year for projects are funded by the Friends.  Malekadeli asked what year the foundation was established.  Taylor stated private foundation status in 2000-01, then supportive foundation status in 2003.  Huber questioned whether the supportive foundation status was in conjunction with any other foundations.  Taylor stated no, they were on their own.  Granstra asked how many staff members are involved.  Taylor stated one part-time person for phones, email, membership paperwork and book sale recruiting.  Barnard stated it is important to note that the Friends developed a mission statement defining how the money was to be spent.  When the Library presents the Friends with a project idea, the mission statement guides them to see if the project is within their idea of what the money is to be used for.  Granstra asked about the size of the board.  Taylor stated they now have 9 members, by-laws state the members for the foundation are picked by the Library Board.  So far they have picked members from the Friends Board to also serve on the Blake Foundation board.


B.  Non Profit Status Information

Deibert reviewed the process for filing for a 501C3.  Every organization that is tax exempt has a 501C3 status.  He stated it would be important to find out how the City Council wants the Friends of MCTV to operate.  Establish their own 501C3 or fall under the City’s. If they have their own it would remove any liability exposure for the City.  Deibert also asked Taylor for a copy of the Friends of the Library’s by-laws and registration papers.  He also stated the commission will need to put together a budget for the Friends of MCTV on how much per year is needed.  That amount could change if the pending legislation passes.  Deibert also asked Taylor if the Friends used an attorney to set up 501C3.  Taylor stated at first no. When the Blake money came in, they used an attorney to set up the foundation.  Barnard stated again the Friends are completely free of any jurisdiction from the City and the library.  Malekadeli stated the sub-committee should get together to discuss the format.  Barnard stated if there is an interest for a Friends of MCTV, a couple of commissioners, people from the public, and MCTV access users should meet with Beacom to organize a Friends of MCTV.   Taylor informed the commission that it can take at least 6 months to be established as a 501C3.  Deibert stated he could draft the documents within 2 months.  Malekadeli stated the sub-committee of Green, Deibert and herself will meet with Beacom.  She also invited the public for input and participation.


3.   Commission Vacancies

Barnard stated the positions vacant on the Cable Commission are the Citizen at Large and Media Professional.  There have been no applicants for the Cable Commission.  She also encouraged anyone from the public to come forward and apply.  This is a vital time for MCTV and will need a full commission to move forward.  Huber asked how someone who is interested can apply. Barnard stated by calling the City Manager’s Office, through the City’s website, or calling MCTV. 


V.                 NEW Business

Barnard questioned if the commission wanted to hold a special meeting during the summer or keep to the regular schedule.  Malekadeli stated the sub-committee would be meeting this summer.  Huber stated if sub-committee feels the need for full commission meeting, one could be scheduled.


VI.              ANNOUNCEMENTS

Granstra stated MCTV staff did a great job in putting the ACM conference together.   Malekadeli agreed it was very informative and well organized. 


VII.            ADJOURNMENT – Next meeting, September 13, 2006

Deibert moved to adjourn.  Granstra seconded.  Meeting adjourned at 7:40pm




Respectfully Submitted,


Brandi Pfohl

Recording Secretary




























Annual Report - DRAFT


City of Midland

Cable Access Advisory Commission

Proposed Annual Report 2005/2006



The Cable Access Advisory Commission:

·       Reviewed presentations on the five-year budget plans for the Cable Communications Fund and made recommendations to City Council.

·       Began discussions on the formation of a “Friends of MCTV” organization.

·       Monitored state and federal video franchise legislation.


GOALS FOR 2005-2006

The Commission developed and approved the following goals for the fiscal year:


1.   Review City staff’s five-year budget response plan for the Cable Communications Fund

      and make recommendation to City Council.


2.   Promote awareness of public access

      a.   Develop Speaker’s Bureau for service club presentations

      b.   Participate in MCTV’s “Honors Night”

      c.   Participate in public service announcement videos


3.  Host Alliance for Community Media Spring Conference in April 2006




1.      Budget response plan for the Cable Communications


The Commission reviewed a plan presented by City staff at its November meeting to address the projected budget deficit. The Commission voted 4-1 to support the plan recommended by City staff.  That plan called for the reduction of the full-time production assistant position to part-time and the eventual elimination of the payment to the Midland Public Schools for financial support of MPS-TV 17.  


In May, the Commission began discussions to form a “Friends of MCTV” fund-raising organization. The goal was to form the organization over the summer.


An item that may have a impact on future Cable Fund budgets was also monitored.

The Commission received reports at each meeting on the status of state and federal legislation that could impact the City’s current video franchise agreement and future agreements. The Commission encouraged community members to contact their state and federal representatives about the legislation.








2. Promote awareness of public access


The vice-chair of the Commission, Jim Huber, presented the Rosemarie Byers Community Voice Award to the Midland Area Community Foundation at MCTV’s “Honors Night” in October. This award is presented annually to an organization for its strong use of public access in Midland.     


Commission members did not participate in any service club presentations or new public service announcement videos.


3.  Host Alliance for Community Media Spring Conference 


In early May, MCTV held the ACM’s Spring Regional Conference at the Fairview Inn and the Grace A. Dow Memorial Library. Approximately 60 members attended from four states: Indiana, Michigan, Ohio, and Kentucky. The conference was viewed a success in terms of the revenue raised, the quality of the workshops, trade show, guest speakers, and the hospitality events. Four members of the advisory commission attended the conference.




Linda Malekadeli served as chair. Jim Huber was vice-chair. Commissioners Todd DuBois and Fred Johnson completed their terms in June 2006.  Dorwood Bedford was appointed to a three-year term ending in 2009. There remains one vacancy, the seat for the media professional.



Cable Access Advisory Commission, 2005-06


Don Deibert

Todd DuBois

Bob Granstra

Roy Green

Jim Huber

Dr. Fred Johnson

Linda Malekadeli


















Cable Access Advisory Commission

Proposed Goals for 2006-07



1.  Review proposed changes to MCTV Ordinances and Rules, hold public hearings, and make recommendations to City Council.


2.      Review Cable Communications Fund Budget Response Plan for 2007-08 and make recommendations to City Council


3.      Increase awareness among access users and the public about the challenges and opportunities facing MCTV


4.      Hold a joint meeting with City Council to discuss Budget Response Plan and Friends of MCTV organization


5.      Participate in MCTV’s “Honors Night 2006.”







































for Commission Meeting of September 13, 2006



SUBJECT: Proposed Revisions to MCTV Fees Ordinance and Rules and Procedures






1.        Letter of transmittal to the Cable Access Advisory Commission

2.        Resolution to set Cable Access Advisory Commission public hearing.

3.        Proposed Revisions to MCTV Fees Ordinance and Rules and Procedures.




1.        4 votes required to approve resolution.







Ron Beacom

MCTV Network

























August 25, 2006



Cable Access Advisory Commission

City of Midland



Dear Commissioners,


In May, City Council approved a $106,100 General Fund subsidy for the Cable Communications Fund budget. This action kept MCTV’s services and staff whole for the 2006-07 fiscal year. Major cuts in staff and services had been proposed because a deficit in the fund is projected in the current five-year plan.


City Council instructed City staff, the Cable Access Advisory Commission and supporters of Midland Community Television to study options to help alleviate the projected deficit.  Three options discussed at the Commission level during the budget process were user fee, revisions to the fees now charged for video duplications, and more fees for training.


User Fees

The City has never charged a user fee for the use of MCTV’s facilities and equipment.

An annual fee of $25 per individual is now proposed by City staff.  If collected from the current list of access users involved in video production and from individuals and organizations who submit messages to the community message board channel, the projected revenue would be $2,500-$3,000 annually. 


Duplication Fees

MCTV currently charges a video duplication fee of $10 per 30 minutes of content. However, the MCTV Rules and Procedures allow producers to receive one free copy of a program. City staff proposes a revision in the duplication fee and the end of the free copy program.


The proposed fee is $10 per 60 minutes of content with a maximum fee of $30 for programs over two hours in length. The goal of this revision is to generate more requests for copies of popular programs including high school sports and concerts. Current fees are often over $40 for those programs which discourages the public from buying copies.


The proposed elimination of the free copy program would eliminate staff time used to make these copies. Almost half of the requests processed by staff are for the free copies.


The goal of these revisions is to raise more revenue from duplications. Total revenue generated in 2005-06 from video duplications was $2,800. In fiscal year 2004-05, the total was $900. In 2003-04, the total was $1,300.








Training Fees

MCTV currently charges a fee of $10 for the beginning access user training. No fees are charged for advanced training. Staff is proposing a fee of $10 per each advanced training course.

Potential additional revenue is $250-$300 annually.


For the past five summers, MCTV has offered a four-day video camp for children, ages 12-17. The fee charged in July 2006 was $40. Staff proposes a fee of $50 for the video camp. Class size is limited to 12. Projected revenue for each camp is $600.


Ordinance and Rules Revisions

The proposed revisions in the MCTV Fees Ordinance and the MCTV Rules and Procedures are included in this document. New language is shown in italics, while proposed deleted language is shown in strikethrough font.



A resolution setting the date for a public hearing at a special meeting on October 11, 2006 is attached for Commission consideration.



Respectfully submitted,




Ron Beacom

MCTV Network

City of Midland





























WHEREAS, City of Midland staff have presented to the Cable Access Advisory Commission proposed revisions to the MCTV Fees Ordinance and MCTV Rules and Procedures; and


WHEREAS, these revisions are proposed to help reduce the projected deficit in the Cable Communication Fund; and


WHEREAS, it is necessary to provide an opportunity for public input on the proposed revisions; now therefore


RESOLVED, that a public hearing will be held on October 11, 2006 for the purpose of receiving public input on the proposed revisions to the MCTV Fees Ordinance and MCTV Rules and Procedures.










I, Brandi Pfohl, MCTV Office Assistant, City of Midland, Counties of Bay and Midland, State of Michigan, do hereby certify that the foregoing is true and correct copy of a resolution adopted by a         yea vote of all the Commission members present at a regular meeting of the Cable Access Advisory Commission held Wednesday, September 13, 2006.



                                                                        Brandi Pfohl, MCTV Office Assistant


























Sec. 21-120. MCTV fines.


            The fines for MCTV services are as follows:


            (1)        Late equipment returns:


                        a.         Late return of equipment, five dollars ($5.00) per day, starting after the first hour late.



Sec. 21-121. Use fees.


            The use fees for MCTV services are as follows:



(1)  Annual access user fee                                           $25.00


(2)     Training fees:


            a.     Access user training course (initial)        $10.00

            b.     Access user training course (advanced)   10.00

                        c,     Video camp                                              50.00


            (3)        Videotape duplication fees:


                        a.     0-60 30 minutes of content                         10.00

            b.    61-120 minutes of content                        20.00

              c.   Over 120 minutes of content                    30.00


            (3)        Videotape duplication processing fee:


                        a.         Processing fee . . . . 5.00












MCTV Rules and Procedures

Use of MCTV Equipment


2.1       MCTV facilities and equipment are available for use by residents of the City or County of Midland.  A resident of the city or county shall be determined to be a “qualified access user” and provided with the privilege of utilizing certain MCTV equipment provided that person has:


a.      Paid the user fee established in Article VII, Chapter 21 of the City of Midland

Code of Ordinances.  

b.      Taken the training course provided by MCTV as specified in paragraph 1.1; or

c.       Demonstrated production capability and competence in using the production equipment to the MCTV staff

d.      Completed the access user application from, which includes a statement of compliance with these rules.  Any violation of these rules may result in the qualified access user being temporarily or permanently restricted or prevented from the use of MCTV equipment facilities at the discretion of the MCTV Coordinator.



8.3       A qualified access user may purchase copies of his or her program on a video format purchased from MCTV. obtain one copy of his or her program for which there will be no duplication or processing fee.  MCTV will provide the qualified access user the copy on either a new videotape supplied by the qualified access user or on a videotape purchased from MCTV.  Additional copies will be made upon request at the rates established in Article VII, Chapter 21 of the City of Midland Code of Ordinances.


8.4       Members of the public may also purchase request copies of a program on a video format purchased from MCTV  videotape.  at the rates copying and processing fees established in Article VII, Chapter 21 of the City of Midland Code of Ordinances. will be charged.  New videotape(s) may be provided by the person submitting the request or a videotape may be purchased from MCTV.























17.       Electronic Bulletin Board Messages.


Messages submitted for cablecasting may be submitted by any resident of the City or County of Midland, who has paid the user fee established in Article VII, Chapter 21 of the City of Midland Code of Ordinances.

Messages must meet the criteria of Section 15-132 of the City of Midland Code of Ordinances.










































Cable Access Advisory Commission

Proposed Meeting Dates for 2007


                                    Wednesdays at 7:00p.m.


                                    February 14

                                    May 9

                                    September 12

                                    November 14