MEDFORD INFORMATION CENTRAL #1 FOR BREAKING NEWS Medford's Most Trusted & Only News Source: It should be noted that during the spring of 2007 t hen Board Member Matt Haberstroth motioned that the By Laws be amended to prohibit an y Board member from receiving compensation from the corporation. This motion pass

PAGE 9 THE RUMLEY REPORT

It should be noted that during the spring of 2007 t

hen Board Member Matt Haberstroth

motioned that the By Laws be amended to prohibit an

y Board member from receiving

compensation from the corporation. This motion pass

www.wickedlocal.com/medford/newsnow/x2139020176/Bomb-threat-arrest-renews-calls-for-TV3-closure-in-Medford

Tax Year Tax Form Stated Source of Funds Amount

2003 990 Direct Public Support $108,000

2003 990 Membership Dues $ 2,217

2004 990 Direct Public Support $102,000

2004 990 Membership Dues $ 1,504

2005 990 Direct Public Support $309,581

2005 990 Membership Dues $ 1,150

The tax year 2005 is the last year for which I have

been provided a copy of the tax return.

Further, I have been told that, over the years, the

Board of Directors have voted to give

certain persons “lifetime memberships”. I do not kn

ow who they are but if “lifetime

memberships” have been given there may be more memb

ers than dues paying members.

Demonstrating the minimal impact that outreach effo

rts have had in generating

membership are certain figures from the year 2005.

In that year the amount of dollars

received in membership dues [$1,150] was much less

than the amount of money

[$4,700.00] which was paid out to members of the Bo

ard of Directors. For 2005 this

included:

Board Member Date of Payment Amount Reason

Arthur DeLuca 4/28/05 $1,000.00 Temp Wages

Arthur DeLuca 7/8/05 $1,000.00 Temp Wages

Arthur DeLuca 8/19/05 $1,000.00 Temp Wages

Steven Marra 9/12/05 $ 700.00 Temp Wages

Gary Zappelli 6/10/05 $ 300.0

ARK

UMLEY

City Solicitor

February 10, 2008

TO: Mayor Michael J. McGlynn

FROM: Mark E. Rumley, City Solicitor

RE: Report on present state of Public Access Televi

sion in the City of Medford

Dear Mr. Mayor,

During January 2007 you appointed me as the City of

Medford’s representative to the

Board of Directors of Medford Community Cablevision

with the request that I compile a

report to you as to my findings.

In addition, the City Council

of the City of Medford has made a request that I r

eport

back to it as to my findings. Accordingly, I am for

warding a copy of this report to the

Council for its information and discernment.

In compiling this report I have been generally guid

ed by two questions:

Does public access television, as provided by Medfo

rd Community

Cablevision, reflect the diversity of this communit

y and allow for

participation in a fully inclusive fashion?

rocedures

The name of the legal entity that operates “TV3” is

“Medford Community Cablevision,

Inc.” It was incorporated in the Commonwealth of Ma

ssachusetts on October 13, 1984.

According to the most recent Annual Report signed b

y Frank Pilleri on March 10, 2007

and filed with the Secretary of State’s office on A

pril 17, 2007, the names and addresses

of the officers of Medford Community Cablevision’s

Board of Directors are:

President, Frank Pilleri, 39 Everett Street, Medfor

d, MA;

Treasurer, Cornelius Murphy, 15 Carolina Street, Me

dford, MA;

Clerk, Susan Crowley, 22 Englehutt Road, Medford, M

Director, Carl Galusi, 55 Whitney Road, Medford, MA

Director, Harvey Allberg, 625 High Street, Medford,

Director, Paul Gerety, 40 Cedar Road, Medford, MA

Director, Anthony Giglio, 146 Trancroft NW, Medford

, MA

Director, Arthur Rogers, Sr., 113A Third Street, Me

dford, MA

Director, Gary Zappelli, 602 Winthrop Street, Medfo

rd, MA

Brian Mahoney, P.O. Box 760, Medford, MA

Ron DeLucia, Medford, MA

Arthur DeLucca, Bell Avenue, Medford, MA

Tim Pilleri, 39 Everett Street, Medford, MA

I am certain that this list was inaccurate on the d

ay it was filed with the Secretary of

State’s Office by the President of Medford Communit

y Cablevision. Both Ms. Crowley

Ms. Crowley informed me that she has not served on

the Board since 2001.

Paul Gerety informed me that he resigned from the

Board of Directors on when the studio opened at 5

High Street.

and Mr. Gerety personally informed me that they had

resigned from the Board of

Medford Community Cablevision some years ago as I h

ave noted in footnotes 3 and 4.

In addition, I was appointed to be the City’s repre

sentative to the Board of Directors in

January 2007. That was two (2) months before the ab

ove list was submitted to the

Secretary of State by Mr. Pilleri in March of 2007.

During the thirteen months that I

have been the City’s representative on the Board of

Directors I have never seen Mr.

Zappelli, Mr. Mahoney or Mr. Tim Pilleri attend a B

oard meeting. I have been told that

Mr. Zappelli has resigned his position and I presum

e the same is true for Mr. Mahoney

and Mr. Tim Pilleri.

According to my notes the Board of Directors of Med

ford Community Cablevision, Inc.

presently consists of the following persons:

Nine (9) Appointed Members

: Frank Pilleri; Cornelius Murphy; Harvey Alberg; R

onald

DeLucia; Anthony Giglio; John Costas, Robert DiNata

le, Vincent Mase

, Mark Rumley

Four (4)Elected Members

: Arthur DeLuca; Carl Galusi, Lance Reensterma; Ste

ven

Marra

Medford Community Cablevision adopted a set of By L

aws and a compendium of

Policies and Procedures

[Appendix B]

Location

During September, 2002 Medford Comm ted a

nd four (4) being elected from the

membership. The sitting Board of Directors would ma

ke the decision on who the nine (9)

appointed members would be.

In the spring of 2007, as the Mayor’s appointee to

the Board, I made a motion that the

By-Laws be further amended to return to a more demo

cratic fashion of electing the

Board. To that end I proposed that the MAJORITY of

the Board be elected to insure that

the will of the membership, as determined by ballot

s, would be reflected in the make-up

of the majority of the Board of Directors. My motio

n failed.

The failure of the Board of Directors to allow for

a more democratic method in its choice

of Board members runs counter to the corporation’s

stated purpose, as set forth in Section

2 of its By-Laws, wherein it declares that the corp

oration was established

“to own and

manage facilities...which will be used for community

television programming...”

Quorum

Until May 30, 2007, the By-Laws of TV3 allowed for

three (3) members of the

thirteen (13) member Board of Directors to constitu

te a “quorum”

Even though the number of Board members has been th

irteen (13) for some years,

according to Section 7 of the By-Laws the number o

f members necessary for a quorum

was simply three (3). The three (3) could be appoin

ted members only

. This section stated:

“Quorum: Three (3) members of the Appointed Board o

f Directors shall constitute a

quorum for the conducting of business.”

$4,700.00

It should be noted that during the spring of 2007 t

hen Board Member Matt Haberstroth

motioned that the By Laws be amended to prohibit an

y Board member from receiving

compensation from the corporation. This motion pass

ed.

ARK

UMLEY

City Solicitor

February 10, 2008

TO: Mayor Michael J. McGlynn

FROM: Mark E. Rumley, City Solicitor

RE: Report on present state of Public Access Televi

sion in the City of Medford

Dear Mr. Mayor,

During January 2007 you appointed me as the City of

Medford’s representative to the

Board of Directors of Medford Community Cablevision

with the request that I compile a

report to you as to my findings.

In addition, the City Council

of the City of Medford has made a request that I r

eport

back to it as to my findings. Accordingly, I am for

warding a copy of this report to the

Council for its information and discernment.

In compiling this report I have been generally guid

ed by two questions:

Does public access television, as provided by Medfo

rd Community

Cablevision, reflect the diversity of this communit

y and allow for

participation in a fully inclusive fashion?

Has Medford Community Cablevision acted in an accou

ntable and

responsible fashion in its use of the funds provide

d to it by the

ratepayers of the City of Medford?

My assessment of the answers to these two questions

is set forth in the conclusion of this

report.

Section 10 of the Agreement between the City of Me

dford and Medford Community Cablevision, Inc.

allows the Issuing Authority [City of Medford] to h

ave a representative on the Board of Directors of M

CC.

Council Paper # 07-371 requests that I provide a s

tatus of my review of TV3.

City of Medford

LAW

DEPARTMENT

________

City Hall – Room 206

85 George P. Hassett Drive

Medford, Massachusetts 02143

Telephone (781) 393-2470

FAX: (781) 393-2410 ● TDD: (781) 393-2516

Anthony M. Santoro

Assistant City

Solicitor

Public Access Television

I begin this report with a very brief review of the

background of public access television.

In 1972 the Federal Communications Commission (FCC)

, recognizing that cable

television providers used public streets and ways t

o run their cables, decided that these

same providers should be compelled to compensate th

e public by allowing the public to

have access to media-making equipment and airtime.

It required that all cable television

companies put time aside for educational and public

access TV.

Simply put, the role of access television was envis

ioned to provide an electronic setting

where the right of every person to speak and be hea

rd would be preserved. It would be a

place where the First Amendment could be lived out.

During May of 1976, the FCC used its rule-making au

thority to regulate the public's

access to cable television "air" time and productio

n facilities. Under these rules cable

television systems with 3,500 or more subscribers w

ere required to increase their number

of channels by 1986 and to insure that up to four o

f those channels could be used

exclusively for low-cost access by community, educa

tional, local governmental and

leased-access users.

In 1979 in the case of FCC v. Midwest Video Corp

, 440 U.S. 689 (1979), the Supreme

Court held that the FCC had no authority to regulat

e or mandate public access to cable

television.

"Community Access Channels" were first designated u

nder the "Cable Communications

Policy Act of 1984" to provide residents with local

television programs and information

over dedicated public, educational and government (

PEG) cable channels.

PEG

channels were created by Congress to ensure that la

rge media companies could not

control all the programming seen on cable televisio

n and provide an opportunity for the

local community to have a voice on the cable system

TV3 is the Public Access channel in the City of Med

ford. It is not part of municipal

government but is run by an independent non-profit

corporation, Medford Community

Cablevision, Inc. The programming on TV3 is limite

d only by the vision and

imagination of the members who create it.

The City of Medford should not and does not censor

public access programming.

Major funding for TV3 is provided by ratepayers of

Comcast through its cable contract

with the City of Medford.

[Appendix A]

47 U.S.C. 611(a) states in part: “A franchising au

thority may establish requirements in a franchise w

ith

respect to the designation or use of channel capaci

ty for public, educational, or governmental use...”

All APPENDIX attachments [i.e. A-H] are being prov

ided to the Mayor, Members of the City

Council and as part of the copy given to Medford Co

mmunity Cablevision. The text of my report,

pages 1 through 15, is certainly a public record bu

t APPENDIX attachments C, D, E, F, G and H

may not be public records and any request for the s

ame should be presented to my office.

TV3

Corporate Data/Board Members/By Laws/Policies and P

rocedures

The name of the legal entity that operates “TV3” is

“Medford Community Cablevision,

Inc.” It was incorporated in the Commonwealth of Ma

ssachusetts on October 13, 1984.

According to the most recent Annual Report signed b

y Frank Pilleri on March 10, 2007

and filed with the Secretary of State’s office on A

pril 17, 2007, the names and addresses

of the officers of Medford Community Cablevision’s

Board of Directors are:

President, Frank Pilleri, 39 Everett Street, Medfor

d, MA;

Treasurer, Cornelius Murphy, 15 Carolina Street, Me

dford, MA;

Clerk, Susan Crowley, 22 Englehutt Road, Medford, M

Director, Carl Galusi, 55 Whitney Road, Medford, MA

Director, Harvey Allberg, 625 High Street, Medford,

Director, Paul Gerety, 40 Cedar Road, Medford, MA

Director, Anthony Giglio, 146 Trancroft NW, Medford

, MA

Director, Arthur Rogers, Sr., 113A Third Street, Me

dford, MA

Director, Gary Zappelli, 602 Winthrop Street, Medfo

rd, MA

Brian Mahoney, P.O. Box 760, Medford, MA

Ron DeLucia, Medford, MA

Arthur DeLucca, Bell Avenue, Medford, MA

Tim Pilleri, 39 Everett Street, Medford, MA

I am certain that this list was inaccurate on the d

ay it was filed with the Secretary of

State’s Office by the President of Medford Communit

y Cablevision. Both Ms. Crowley

Ms. Crowley informed me that she has not served on

the Board since 2001.

Paul Gerety informed me that he resigned from the

Board of Directors on when the studio opened at 5

High Street.

and Mr. Gerety personally informed me that they had

resigned from the Board of

Medford Community Cablevision some years ago as I h

ave noted in footnotes 3 and 4.

In addition, I was appointed to be the City’s repre

sentative to the Board of Directors in

January 2007. That was two (2) months before the ab

ove list was submitted to the

Secretary of State by Mr. Pilleri in March of 2007.

During the thirteen months that I

have been the City’s representative on the Board of

Directors I have never seen Mr.

Zappelli, Mr. Mahoney or Mr. Tim Pilleri attend a B

oard meeting. I have been told that

Mr. Zappelli has resigned his position and I presum

e the same is true for Mr. Mahoney

and Mr. Tim Pilleri.

According to my notes the Board of Directors of Med

ford Community Cablevision, Inc.

presently consists of the following persons:

Nine (9) Appointed Members

: Frank Pilleri; Cornelius Murphy; Harvey Alberg; R

onald

DeLucia; Anthony Giglio; John Costas, Robert DiNata

le, Vincent Mase

, Mark Rumley

Four (4)Elected Members

: Arthur DeLuca; Carl Galusi, Lance Reensterma; Ste

ven

Marra

Medford Community Cablevision adopted a set of By L

aws and a compendium of

Policies and Procedures

[Appendix B]

Location

During September, 2002 Medford Community Cablevisio

n’s operation of TV3 at 40

Canal Street came to an end. This began its “homele

ss period” which came to an end

during October, 2004 when it signed a lease with “5

High Street LLC”

to occupy 2,665

square feet of space at 5 High Street, Medford, MA

[Appendix C]

The Term of this Lease is five (5) years beginning

October 1, 2004 and ending September

31, 2009. The annual rent for this period is $28,0

00.00. The rent is paid in monthly

increments of $2,333.33. It is also responsible to

pay a pro rata share of 10.66% of the

Landlord’s real estate taxes

Medford Community Cablevision also paid $10,000.00

to 5 High Street LLC as an

inducement for it to enter into the Lease.

Medford Community Cablevision has the option to ext

end the term of the lease for a five

(5) year period from October 1, 2009 through Septem

ber 31, 2014. The annual rent for

the extended period would be $14,676.00. The rent w

ould be paid in monthly

installments of $1,233.00 per month.

Vincent Mase was appointed to fill a vacancy left

by the resignation of Arthur Rogers Sr.

“5 High Street LLC” is a Massachusetts Limited Lia

bility Corporation that was organized under the law

of the Commonwealth of Massachusetts on February 6,

2004. The Manager of the “5 High Street LLC”,

according to the records of the Secretary of State

is the “Property Trust Corporation”. The “Property

Trust

Corporation” is a Massachusetts Domestic Profit Cor

poration that was organized on December 23, 1998.

Its President and Treasurer is Steven C. Fustolo of

87 Terrace Hall Avenue, Burlington, MA 01803

During any extended period Medford Community Cablev

ision would also be responsible

to pay Common Area Maintenance Charges [CAM Charges

The Board of Directors of Medford Community Cablevi

sion

Method of Selection

Nine (9) members of the Board of Directors are appo

inted by the sitting Board and

four (4) are elected

There are 13 members of the Board of Directors of M

edford Community Cablevision,

Inc. including the one member who is appointed by t

he Mayor.

On October 18, 2006 there was a change made to the

By Laws that resulted in nine (9)

members of the Board of Directors being appointed a