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Memorandum March 30, 1988 • Page 2 television channels) , the video signal is scrambled but the audio is not . Any subscriber who wishes not to have the programming enter their home is provided, free of charge, with filters to connect to the cable line so that the pro- gramming never reaches the television set or the con- verter . It is apparently disputed as to whether these filters adequately filter out the adult programming on cable channel 34 . Those subscribers with converters who do not order the adult programming are provided with programming which promotes the other offerings of cable channel 34. The Company has informed the cities that of its 66,000 cable subscribers, they have received only a limited number of complaints regarding the service. They have also re- ceived complaints that the programming is not "adult enough The programming is one of the highest requested pay-per-view services of the Company. The major opponent from the community of the adult pro- gramming is a group entitled Clean-Up Project which alleges • that the local cable television operator is distributing pornography. This organization is apparently based in St . Paul and is not a constituent of any of the member munici- palities nor is it a subscriber to the Company. Clean-Up Project has not provided me with a membership list or an explanation of its membership structure. Representatives of Clean-Up Project have apparently, however, viewed tapes of the adult programming in question. The Company argues that not only is its right to offer such programming protected by the First Amendment to the United States Constitution (as allegedly is the subscriber ' s right to view such programming) , but Cable TV North Central has also stressed the various steps it has taken, listed above, to provide the programming only to those who request it, and to protect the programming from receipt by unwilling or unauthorized viewers, particularly children. While some individuals appearing before your various Commissions .have alleged a breakdown in these security procedures, no facts have been presented to me such that I can conclude one way or the other regarding the quality of these security proce- dures. III . LEGAL ANALYSIS • Your cable television franchises expressly provide that the Company shall not cablecast any programming which would be considered, in the sole opinion of the city, to be x- 4