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Minutes

Committee Hearing, February 1, 2001

Philadelphia City Council Committee HearingsFeb 1, 2001

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Mr. Pitts

I'm sorry?

Councilman Nutter

I said I would hope that you would have some sensitivity that it's a very serious issue for me. Ms. Brunson and the company, good corporate citizen here, she's a constituent in the district that I represent, and it seems to me that you should be able to get this resolved.

Mr. Pitts

I will work hard to do that, Councilman.

Councilman Nutter

But it also puts me in a difficult position as it relates to the matter in front of me. If you haven't been having discussions. It's a very serious issue. You're able to resolve it in one particular location. Can't seem to resolve it somewhere else. They're 141 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 not having this problem anywhere else. And now you've come before us and you want to do certain and other things, and that causes me a problem.

Mr. Pitts

Well, let me clear that the Philadelphia market issue has been resolved. There is not issue with channel placement in the Philadelphia market.

Councilman Nutter

I understand that, but you still have an unresolved issue, whether it's Philadelphia-based or not. It's a Philadelphia company, they're in the district, and you're before us. What I want to know is how we're going to get to a resolution of it.

Mr. Pitts

I think the first step would be for us to sit down at the conclusion of this proceeding and try to work out a resolution, and I'm prepared to do that.

Councilman Nutter

A day, couple days, take a week? I mean, you've got to give me a little bit better than that.

Mr. Pitts

With us meeting?

Councilman Nutter

No, resolved.

Mr. Pitts

See, the resolution, it's a 142 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 process, it's not an event.

Councilman Nutter

I'm sorry?

Mr. Pitts

The resolution involves a process, not an event. It's not a flip of a switch in the head end. It's a process of visiting thousands of homes and making some changes. So even if we agree to it in a short period of time, we then would have to agree to over what period of time we complete that process. I'm willing to enter directly into those discussions and try to move it to a quick conclusion.

Councilman Nutter

Okay. I hear your testimony. I'm not pleased with it, not satisfied with it or anything else, but I hear your answer.

Mr. Burnside

Councilman Nutter, let me see if there's a way to clarify this. We are not at all contesting the right of Channel 48 to be on the system in Allentown or in the Lehigh Valley. They're already there. We're not contesting that. So if there's any misunderstanding about their ability or legal rights to be on the system, let there be none. They are on the system.

Councilman Nutter

Well, what's the issue then? 143 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452

Mr. Burnside

The issue, as Mr. Pitts explained to Councilman Rizzo, is an issue of technically, if you will, I hate to use the word obsolete, but an older cable system that in order to comply with the demands of the broadcaster, there are certain and expensive and --

Councilman Nutter

Whose cable system is it?

Mr. Burnside

It's RCN's, but it is a system that was acquired by RCN. When John said it's a legacy system, that perhaps was misleading. We refer to systems that we've acquired, older technology systems that were built by other people or owned by other people, both, and are not built along the same technical standards that we're building our network today. So that network up there was an acquired or, as we say, legacy system and there are some technical difficulties in accommodating. There's no question that we will work out the details, but it's not possible to sit here and tell you exactly how long it's going to take, whether it's a day or a week or a month. So I just want ot make sure that you're clear about what the argument is. 144 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452

Councilman Nutter

Well, I guess, let me just then say this in response. You've expressed a certain level of frustration about your desire to make something happen. You've expressed it in a number of ways, some direct, some indirect; some nice, some not so nice. And that's okay. Now, someone else is in a situation where they've been sitting around for a couple of years trying to get something resolved, and now all of a sudden it's, well, you know, we're working on it. We'll try to work it out we'll try to get to it. We'll try to work it out. We'll try to get to it. There's 10 different ways maybe to address it. There's all these technological issues that we have to get into and, you know, we'll deal with it when we can. Do you expect me to take that?

Mr. Burnside

I've given you the best answer I possibly can give you. Whether you accept it or not, is entirely up to you. But they are the facts. It is the situation. And I understand the frustration. At least I think I understand the frustration that Channel 48 has had. I have had really very little personal knowledge of the problem. I can only give you from John's word and 145 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 my word a commitment that we're trying to get it resolved or will get it resolved. And I think the other thing that I think needs to be said in the record just for the benefit of this issue, is the fact that we quickly fixed the problem here in the Philadelphia market when the issue was raised. I think that ought to be at least deserving of some credit and indication that it is in our best interest as well as Channel 48 to get this thing behind us. So I'm not going to explain, because I can't, what all the details and ramifications that were involved in this two-year or however long the issue went on. I have no idea. But I'm telling you that we can and are committing to you to fix it. Don't know how else to explain it.

Councilman Nutter

Well, I want to care about that issue like you want us to care about your issue. That's all I'm asking.

Mr. Burnside

What else can we do that will demonstrate --

Councilman Nutter

What you can do is tell me that you're going meet with the lady as quickly as possible, you're going work out whatever 146 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 the problem is or lay out a schedule that's going to lead to a work-out in a reasonable period of time, and then you should bring that back to us as a part of this entire package and say "We had an opportunity to sit down. These are all the issues. We think we have a schedule that leads us to a path to get somewhere, go get a resolution to that particular problem because we care about that problem like you want you to care about our issue.

Mr. Burnside

Let me see if I understand.

Councilman Nutter

And if I saw that, then I'd know that somebody was taking the situation seriously.

Mr. Burnside

Are you making any decision on this process in front of you contingent on resolving that problem? Just so I understand.

Councilman Nutter

I'm taking all the information into consideration.

Mr. Burnside

I need more a specific answer. Is the fix of this problem as we've described it contingent on moving forward here in Philadelphia?

Councilman Nutter

Let me say this to 147 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 you. You're eagerness to solve this particular problem will certainly influence my eagerness to deal with your issue.

Mr. Burnside

Well, I don't know how else to say what we've said a couple or three or four times. We are going to fix the problem. But in this forum, I cannot and will not commit to exactly how long it takes because I simply don't know.

Councilman Nutter

I didn't ask you to commit right here and now. What I asked you to do is go and have a series of meetings and come back to us and tell us what came out of it.

Mr. Burnside

And I'm telling you we are going to do that. I've said that three or four times.

Councilman Nutter

Then thank you very much.

Ms. Brunson

I'd like to thank the committee for the opportunity to stand before you. And I'm sure after this event that we will have some dialog. We have not been able to have any up until this point, and I hope that this will precipitate it so that we can come to a conclusion. I'm not 148 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 unreasonable, as I was not in dealing with the Philadelphia situation. As soon as they came to me with their problem, I proposed a compromise and within the last few weeks they've been able to satisfy that. I am not unreasonable. I am someone who can be worked with and will do everything I can to resolve the problem. But I have to get to the table to be able to do that. And over two and a half years I have not even had a response, much less getting to the table. So I want to thank you for this opportunity.

Councilman Kenney

Thank you very much. We are now after 5 o'clock. The Chairman of the committee polled everyone on the panel that's been here today, and the sentiment amongst all of the members of the panel is that this is not the day that they intend move this particular piece of legislation out of committee. Therefore, as Chairman of the committee, what I'd like to do is announce that we're going to recess the hearing until February at p.m. in this Chamber. And the reason for that date, there are two dates, the only two dates available next because of the budget is February 26th or February 28. We're choosing 149 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 February 26th at 1:00 and we will recess until that time.

Mr. Burnside

Mr. Chairman. May I, first of all, express my sincere disappointment in that decision, obviously. But also ask you and anybody else on the committee what specific information you would like us to provide you in the interim or at that hearing.

Councilman Kenney

What I would suggest -- obviously, there's been things that have been raised today that are very clear from the record. My suggestion, and again, there's really no 14 need to come and talk to me. What I would do is I would make arrangements between now the 26th to talk with various members Councilmember Miller, Councilmember Blackwell, Councilmember Reynolds-Brown, Councilmember Clarke, Councilmember Nutter and Councilmember Rizzo to see what specific issues there are. I mean, there are a number of substantive stuff that was raised today that obviously is on the record for discussion. But my suggestion is to arrange those meetings as soon as possible. Hopefully, by February 26th at o'clock we will have some resolution. Thank you very much. 150 2/1/01 - PUBLIC PROPERTY PUBLIC WORKS - BILL 000452 (Council adjourned at 5:20 p.m.) - - - 151 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of February 1, 2001, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS ___________________________ Lisa C. Bradley, RPR and Notary Public