MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Betty Glick, Assembly Member

FROM: Colette Thompson, Borough Attorney

DATE: April 24, 2003

SUBJECT: Resolution 2003-052, authorizing an amendment to the contract with Peninsula Communications, Inc. for providing coverage in the Seward area of assembly meetings

During its meeting of April 15, 2003, the assembly policies and procedures committee considered a request from Dave Becker of Peninsula Communications Inc. (PCI) that the borough amend its radio broadcasting contract. Mr. Becker requested that the borough remove the requirement that his station broadcast live assembly meetings in the Seward area due to an FCC order that removes PCI's ability to feed its FM translators in Seward via satellite, effective May 9, 2003. After that meeting, Mr. Becker advised the legal department that he has tentatively negotiated an agreement with the current provider of cable television services in the Seward area to broadcast the assembly meetings in the Seward area via cable. In order to listen to the assembly meetings, Seward area residents receiving cable service would have to connect their radio to the TV cable line. No alternative has been found to date for live broadcast of assembly meetings in the Seward area. A local station could apparently broadcast tapes of the meetings.

This resolution would authorize an amendment to the existing contract with PCI that would provide broadcast coverage via the cable system to the Seward area. The agreement currently provides that it may be amended upon mutual agreement of the parties and also that it may be terminated for any reason upon giving notice at least two assembly meetings prior to termination. At its meeting of April 15, 2003, the policies and procedures committee indicated an intent to continue researching alternative mechanisms for broadcasting assembly meetings in the Seward area. In the interim, this approach would provide live broadcasts to Seward area residents who subscribe to cable television.

Mr. Becker has indicated that he is not charging the cable system for this service, and that the current contract charge for broadcasting services is already minimal. Accordingly, he requests that the contract amount not be changed at this time.