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175 program for all those people who do not subscribe. Mrs. Jones stated Viacom would be willing but it takes training for people to do it; that there are approximately 10,000 homes and it would take a lot of time to go to those 10,000 homes on a sys- tematic basis. She stated she felt the problem can be solved in other ways. Councilmember Mercer asked how long this would take. Mrs. Jones stated it could take anywhere from 6 to 18 months to implement the technique to control the problem. Councilmember Mercer asked if the Citizen's Advisory Council was aware that Escapade would be offered when negotiating the rate increase. Mrs. Jones advised that they had knowledge of this program and that Viacom had offered lock boxes for those who wanted parental control of this programming, and that notices had been sent out regarding this device that was available. She stated there are approximately 10,000 basic subscribers, 5,000 premium subscribers, and 1,100 subscribers to Escapade, with approximately 200 lockouts valley-wide. Councilmember Brandes asked if Escapade service to Livermore would be disrupted if this program was discontinued in Pleasanton. Mrs. Jones stated that it would affect Livermore service. Councilmember Brandes re- lated the problems his wife had in getting satisfactory service from Viacom relative to blockage of Escapade. Mr. Phil Harding stated that if Viacom is interested in the moral and well being of their subscribers they should not allow this leakage on T.V. Mrs. Renee Bell, secretary at Vtacom, stated that many callers would not give their addresses therefore nothing could be done about lock boxes or blockage of Escapade into their homes. Councilmember Brandes stated he did not feel that Escapade should be on the air, and that it certainly should not leak into homes that do not subscribe to it. He stated it is the obligation of the franchisee to remove this from every single resident that is not a paying subscriber. He stated he felt it is incumbent for Viacom to remove at the pole all service of Escapade to those except subscribers within a short time frame or to suspend Escapade until the problem is resolved. He stated there is a strong potential that Viacom may be in violation of their fran- chise agreement because of the leakage. The City Attorney advised that if Council finds that Viacom is not operating in a technically competent manner it would have the option of declaring Viacom in default, then decide what remedy to follow to get the problem solved. He stated Council could initially make the determination that Viacom is at fault but that formal notification and opportunity to respond would have to be given. Councilmember Mercer stated he felt Viacom should be responsible for this pro- blem, not the customer having to take the initiative in getting something done to prevent leakage into homes not subscribing to Escapade. Councilmember Mohr stated she did not want to get into censorship but was con- cerned about children being able to view this type of programming without parental control, and added this is possibly a temporary situation and should be solved in a rational way. Mayor Butler stated that every person has the option of turning off their T.V. sets when they find objectionable programs. He stated it is difficult to tell if there are more unhappy subscribers or happy subscribers, and it is not possible to know how widespread this problem is. He stated he felt that Viacom should be given a limited period of time up to 60 days to show they can take care of the problem and report back to Council on how this has been accomplished. He added he felt the problem should be taken care of by the Company, not by the City. 8. 9/28/82