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Home My WebLink About4.1 Cable Television Programming . 6ttjj elf. DUBLT .r: 1a50—W • AGENDA STATEMENT Meeting Date: October 11 , 1982 SUBJECT Request of First Amendment Political Action Coalition regarding cable television. EXHIBITS ATTACHED : Letter from Beth Grant DeRoos; Report from Citizen's Cable TV Advisory Council RECOMMENDATION • None FINANCIAL STATEMENT: None DESCRIPTION The City has received a request from Beth Grant DeRoos to address the City Council regarding the recent controversy over cable television programming. 3 ;.a fy� , rc 4 COPIES TO: Beth Grant DeRoos ITEM NO. L. 1 First Amendment Political Action Coalition Beth Grant DeRoos 8467 Deervale Road Dublin California 94568 829 4519 Dublin City Council City Director P.0 Box 2340 Dublin, California 94568 Dear Sir- Our organization the First Amendment Political Action Coalition requests permission to speak before the Dublin City Council on the evening of Monday October 11th_- 1982 We wish to address the Dublin City Council on our concern of the Viacom Television Cable Conmany and the Citizens Cable Television Advisory Council, controversy concerning many of us who are indeed Viacom Cablevision subscribers. Thank you etsuiLVI Beth Grant DeRoos R cE 001 e CAN 119 B� REPORT FROM THE CITIZEN'S CABLE T.V. ADVISORY COUNCIL RE: ESCAPADE LEAKAGE Mr. Mayor and Members of the Council, I am Charlotte Severin, Chairman of the Citizen's Cable Television Advisory Council. I am here tonight to report on the Escapade Leakage problem including the facts and options the Advisory Council members and I have researched at your request. The problem is threefold: First of all you need to know the type of programing coming over the Escapade Channel. It is described by Viacom as an adult "R" rated channel but that rating is definitely in question. Citizens report extremely explicit sexual acts, including obscenity, perversion and violence while other episodes have been termed "sick", certainly "X-rated or worse" and not for general public viewing or hearing. This was to be an exclusive subscriber service available only to those who subscribed to it. Now we know that the audio portion is leaking into almost every home receiving basic • cable service. So that is the first part of the problem, almost universal audio leakage, with people reporting explicit, violent, crude and obscene language coming in loud and clear -as one slides the channel finder from number to number. One person said it was like receiving "radio porno into their home, unwanted and against their wishes. An intrusion of privacy." Another mother says her seven year old learned about the program from schoolmates and listening to it unbeknownst to her: has added an un- pleasant dimension to his vocabulary requiring daily mouth soaping. Add to that the problem that these same Basic Rate subscribers also receive inter- mittent very clear pictures of the visual portion of this program. Mrs. Carole Larsen 'Page 2 119 4:0 is here to describe that problem in her home where her 3 year old and 6 year old little girls were changing channels and suddenly were viewing a very explicit scene of perversion. (MRS. LARSEN) Others have described hearing very explicit instructions in violent, crude and obscene terms of a shouting man subduing a woman. J The third problem is the one concerning premium subscribers who have subscribed to HBO or Showtime. They have a box with a grid printed on the top and by pushing a combination of numbers the whole program of Escapade comes in with complete clarity. Students report that all the kids in town know how to .get it but their parents don't know they know. Older kids have taught younger children. One mother told me their babysitter taught their 7 year old how to do it so she feels obligated to take her whole box with her when she goes out for the evening which is a real imposition on the subscriber. Young children talk at school about seeing these programs without their parents knowing. One mother wrote to me that this type of programing did not belong on T.V. since it was uncontrollable. She worried about the permanent psychological damage it could cause affecting life-long attitudes about sex. Dealing with the problem is the next issue: Prior to your council approval of the rate increase and two year franchise extension after the recent cable upgrade in Pleasanton, Council member Frank Brandes, who ,,, serves as liaison to our Cable T.V. Advisory Council and I, had heard a number of complaints about the audio portion of Escapade leaking into homes, so we discussed the issue with Viacom Cablevision and Pleasanton City Manager, Jim Walker, and the agreement was that Viacom would cut off reception of Escapade at the pole or box outside the home of everyone who was having the leakage problem. I for one re- quested that it be done before I installed my new box. Cutting it off at the pole works - you do not see anything but snow and you do not hear the audio. Page 3 Many subscribers have reported, however, that when they have called Viacom to turn off Escapade they have been told to come in for another box. The box doesn't work and they have had very frustrating experiences trying to get this programing out of their homes. Mr. Downing is here to tell you about the five separate episodes his family had with different boxes, different confusing explanations, all unsuccessful, until contacting me and the editor of the Herald to share their frustration. Last . Thursday the company turned it off at the pole and now they finally have peace. OAR. DOWNING) The agreement with Viacom was to turn it off at the pole for all subscribers having leakage. The subscriber should not have to beg the company to remove this explicit material from their homes when it should not be there in the first place. The onus is on the company to take the initiative to solve the problem before it enters the home. Since we now know the problem is almost universal in Pleasanton with few exceptions) if any, it would seem that Viacom would make a systematic plan to go from pole to pole turning off Escapade except for those homes who have specifically subscribed to that program. And that they would want to remove the program from cablecast voluntarily out of concern for the great majority of the public and certainly for the childrenjuntil it is completely blocked from all non-subscriber homes. In Petaluma, where Viacom is also the franchisee, the company voluntarily removed Escapade from their program offerings because of public concern expressed there. Surely this public interest here tonight should demonstrate a similar concern. One would hope that the systematic turn off at the pole as previously described would be the course of action Viacom intends and perhaps it is. Myrt Jones, Manager for Viacom, is here tonight to address the issue. Page 4 • I do want to lay before the Council the various options which have been offered by our research including contacts with the District Attorney's Office and the Federal Communications Commission in Washington, D. C. First of all, dealing locally the council can ask for compliance with the agreement to turn off reception of Escapade at all non-subscriber poles, or find the company l in default, technically not competent, or in breech of the contract for extension • and rate increase. The council could start proceedings to revoke the franchise if the problem is not solved within a given period of time. A formal complaint can be registered with the F.C.C. (they are already aware of our problem) on the grounds of 1. obscene and indecent material, 2. violations of technical standards, leakage, and 3. invasion of privacy or trespassing. A formal complaint can be registered with the District Attorney on the basis of invasion of privacy or trespassing. Congressman Pete Stark and Assemblyman Gib Marguth have registered concern about the problem and are looking into the situation, and finally, the public has grounds 1 for a class action suit against the company on the basis of obscene and indecent material, invasion of privacy and trespassing. In any event) we will be watching the resolution of this problem closely with an eye toward the upcoming negotiations for renewal of the franchise. One would hope that the problem will be resolved by voluntary action on the part of the company so that none of the named actions will be necessary. Thank you. Resp ctfully submitted by: Charlotte Severin Chairman, Citizen's Cable T.V. Advisory Council