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MEMO TO: MAYOR AND CITY COU <br />�.r FROM: CLERK -ADMINISTRATOR <br />DATE: APRIL 15, 1988 <br />SUBJECT: CABLE TELEVISING OF ADULT THEME MOVIES <br />Attached please find numerous documents relating to the <br />referenced subject matter. As you may recall, the Council <br />has in the past been informed of the actions being taken by <br />the North Suburban Cable Commission regarding the cable - <br />casting of adult theme movies by Cable TV North Central <br />which included a request of a legal opinion from their <br />Council on the ability of the Commission to enforce the <br />provisions of the Cable TV franchise. <br />Attached to this memorandum and listed below with <br />explanations are the following items: <br />1. Memorandum from Cable Commission Administrator <br />Bootsie Anderson indicating that the Commission in <br />their April meeting received the attorney's legal <br />opinion and took action with respect to expressing <br />the Commission's objections of the programming of <br />adult themed movies. The minutes of the <br />Commission's April meeting have not been approved <br />and, therefore, are not available at this time. <br />2. A memorandum from the Cable Commission's legal <br />counsel outlining his opinion with respect to the <br />programming of adult themed movies by North Central <br />Cable Company. I would encourage you to read the <br />attorney's opinion; I would simply summarize it by <br />saying that he has found that the Commission does <br />not have the authority to enforce the provisions of <br />thV fr_-nc!:i=e hagad upon case law and federal regu- <br />lation of Cable TV. The attorney provided the <br />Commission with six different options that would be <br />available to them and member municipalities for <br />dealing with this matter and recommended that the <br />Commission and member municipalities not undertake <br />any action that could cause for legal action against <br />the cities as he felt we would not be able to <br />prevail in a case of this kind. The Cable <br />Commission passed a resolution described in the <br />attorney's Option No. 3 expressing the Commission's <br />objection to the programming on Channel 34 and <br />requesting the company remove the adult programming <br />from Cable Channel 34. <br />3. A copy of an article from Multi -Channel News dated <br />April 4, 1988 regarding a request of a large group <br />of media organizations of the FCC to clarify their <br />indecency rule. <br />