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2/21/2024 12:15:36 PM
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Planning Files - Planning File #
1787
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Planning-Other
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Memorandum <br />March 30, 1988 <br />Page 2 <br />television channels), the video signal is scrambled but the <br />audio is not. Any subscriber who wishes not to have the <br />programming enter their home is provided, free of charge, <br />with filters to connect to the cable line so that the pro- <br />gramming never reaches the television set or the con- <br />verter. It is apparently disputed as to whether these <br />filters adequately filter out the adult programming on cabl <br />channel 34. a Those subscribers with converters who do -not e <br />order the adult programming are provided with programmin <br />which promotes the other offerings of cable channel 34. g <br />The Company has informed the cities that of its 66,Ooo <br />cable subscribers, they have received only a limited number <br />Of complaints regarding the service. They have also re- <br />ceived complaints that the programming is not "adult <br />enough". The programming is one of the highest requested <br />Pay -per -view services of the Company. <br />The major opponent from the community of the adult pro- <br />gramming is a group entitled Clean -Up Project which alleges <br />that the local cable television operator is distributingpornography. This organization is apparently based in St. <br />Paul and is not a constituent of any of the member munici- <br />palities nor is it a subscriber to the Company. Clean -Up <br />Project has not provided me with a membership list or an <br />explanation of its membership structure. Representatives of <br />Clean -Up Project have apparently, however, viewed tapes of <br />the adult programming in question. <br />The Company argues that not only is its right to offer <br />such programming protected by the First Amendment to the <br />United States Constitution (as allegedly is the subscriber' <br />right to view such programming), but Cable TV North Centrals <br />has also stressed the various steps it has taken, listed <br />above, to provide the programming only to those who request <br />it, and to protect the programming from receipt b q in <br />or unauthorized viewers, particularly children. y unwilling <br />individuals a � y While some <br />appearing before your various COmmissions-have <br />alleged a breakdown in these security procedures, no facts <br />have been presented to ae such that I can conclude one wa <br />or the other regarding the quality <br />dunes. of these securityy <br />groce- <br />III. LEGAL ANALYSIS <br />Your cable television franchises expressly provide that <br />the Company shall not cablecast any programmin whi <br />be considered, in the sole opinion of the city, <br />ch would <br />. Y• to be x- <br />
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