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177 <br /> <br />the adult Channel 16 - tEscapade~ is coming through to all cable subscribers unsoli- <br />cited, and that the visual portion is coming through to anyone who subscribes to <br />either Showtime or HBO, and I want something done to stop it immediately!~" Mrs. <br />Severin advised that 53 citizens had responded to a questionnaire from the Advisory <br />Council, expressing this same concern. Mrs. Severin stated there are various options <br />that Council can take to correct this problem; first of all dealing locally request- <br />ing compliance with the agreement to turn off reception of Escapade at all non- <br />subscriber poles or find the company in default, technically not competitent, or <br />in breech of the contract for extension and rate increase. She stated the Council <br />could start proceedings to revoke the franchise if the problem is not solved within <br />a given period of time. She advised that a formal complaint can be registered with <br />the F.C.C. on the grounds of (1) obscene and indecent material, (2) violation of <br />technical standards, leakage, and (3) invasion of privacy or trespassing. She stated <br />that a formal complaint can also be registered with the District Attorney on the <br />basis of invasion of privacy or trespassing. Mrs. Severin advised that Congressman <br />Pete Stark and Assemblyman Gib Marguth have registered concern about the problem and <br />are looking into the situation. She concluded by stating the public has grounds for <br />a class action suit against the company on the basis of obscene and indecent material, <br />invasion of privacy and trespassing. <br /> <br /> Mr. Darrell Kearl, resident since 1968, stated he is a basic cable subscriber and <br />had received his box three months ago but had only been aware of the Escapade program <br />for two months. He stated he had grave concerns regarding children being able to <br />view this type of television. He reviewed the various rating categories and pre- <br />sented Council with a calendar for the October Escapade shows. He urged Council to <br />take action to correct the problem of leakage into homes not subscribing to the <br />Escapade program. <br /> <br /> Mr. Howard Neely, 448 Amador Court, and school teacher, stated the School Board <br />feels that this type of programming should not be allowed for children of Pleasanton <br />to view. He stated that Council had previously taken action again pornographic <br />literature and drug paraphernalia, and he urged them to take similar action to con- <br />trol this problem. <br /> <br /> Mr. Dave Burton, Co-Chairman of the Citizents Cable T.V. Advisory Council, stated <br />this sets a precedent in not being able to select what is shown in onets home. He <br />stated the Post Office is regulated against this type of invasion and that cable- <br />vision should have the same regulation. He stated he supports action to remove <br />Escapade from homes who do not want it. <br /> <br /> Mr. Orlon Silva stated he chose to live in Pleasanton because of the quality of <br />life here, and he is concerned about this kind of problem. He urged Council to take <br />a stand against this type of programming. <br /> <br /> Mrs. Myrt Jones, General Manager of Viacom, stated there is a problem with the <br />audio portion of Escapade leaking into homes not subscribing to it. She stated that <br />Viacom will cooperate in turning this program off at the pole for anyone who calls <br />in requesting this be done. She stated she felt Viacom has met the commitments of <br />the franchise agreement. She stated she also was concerned about manipulation to <br />get Escapade into homes not subscribing to it. She advised that techniques are being <br />investigated to take care of the problem of leakage. <br /> <br /> Councilmember Brandes asked Mrs. Jones if Viacom would be willing to voluntarily <br />block off Escapade at the pole from all non-Escapade subscribers. Mrs. Jones replied <br />that it is not feasible to do so for all homes that do not have Escapade service. <br />Councilmember Brandes stated he felt this was Viacom's responsibility and again asked <br />whether or not Viacom would be willing to voluntarily block at the pole the Escapade <br /> <br /> 7. 9/28/82 <br /> <br /> <br />