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aware of these issues and concerns. Has TCI also been talking with CTV or are these new concerns and issues? Mr. Pozzini said he had not seen that document and is not sure what the concerns are. He asked if they are compliance issues. If the concerns are compliance issues, the TMC report listed the issues of compliance/non-compliance. He said TCI had been working with staff the last four to six weeks in resolving those issues. Mayor Tarvet felt Council should try and give direction on specif'xc points to the speaker, perhaps with a subcommittee, to see if these issues could be resolved. Mr. Sherwood asked that it be kept in mind that to meet the FCC guidelines for transfer approval, the City has to take some sort of action by December 1, either approving or denying this application, unless the parties mutually agree to extend the deadline. In prior discussions, TCI has been fu'm on not extending the December 1st deadline. Some type of action, therefore, had to be taken before December 2nd. Mayor Tarver asked if this could be approved with conditions that might be different than the conditions that are proposed in the agreement. This is an opportunity for TCI to be understanding and agree to extend the deadline. He felt it was appropriate to continue this item to the special meeting on 11/28/95 and see if between now and then these issues could be resolved. Ms. Acosta did not want to have Council condition anything, but maybe there was time to explores these issues with the parties involved. Charlotte Severin, 4513 Mirador Drive, stated she was the Chairman of the Board of Directors of the Tri-Valley Community Television. She asked Council not to deny this transfer. She supports the Wansfer of ownership but with conditions or with an agreement that is binding that certain conditions be met. The City's consultant report relates that there are some non- compliance issues. Although these issues are not substantial, Viatom is in non-compliance and these issues deal with channel capacity and PEG. The resolution granting a consent of transfer should contain a reservation of rights to resolve some non-compliance issues to the City's satisfaction. She would like to see that this be resolved before the transfer is approved. The report suggests that the transfer be made conditional or have another vehicle for getting that approved. There were three PEG channels before the "must carry" issue came up and this had been informally discussed with Mr. Baker. Asking for a restoration of what the City had isn't unfair. In the franchise it states that 10% of the channel capacity should be reserved for PEG. If there are forty channels then there should be four PEG channels; the City is only asking for three. If the channel is granted without 50 % original programming then the City might have a point of agreement. There should also be improved switch-over equipment and upgraded multi-channel playback equipment at the Channel 30 station. 11/21/95 -16-