About the Cable Franchise

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About the Cable Franchise

• We have been silent, since we filed the lawsuit.

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I was voted in by the people in 1998 to build and
operate a Cable TV. Franchise in the city limits
of Blackwell.
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The City forced us to go to a Vote Of The
People, even though they could of just simply
approved it.
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They did not believe we would be able to pull it
off.
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The fact is many of our leaders worked against us
starting rumors.
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The City never tried to help us, in fact quite
the opposite.
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What did we do to create such animosity?
The fact is we did nothing improper! Other
then we built it, when they thought we couldnt!
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Time is our testament. Our problem was we did
too good of a job, or we did not fail like
expected.
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We were successful, and our customers liked us,
we thanked them and treated them with kindness.
We loved them because they chose and supported us.
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We did strange things, like put a camera in our
office so they could watch us work on our
head-end equipment.
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We put a camera on top of the grain elevator, and
played music. Occasional pointing it at the City
buildings.
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We filmed football games, parades, the Kay Co.
Fair.
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We filmed weather events, provided weather radar
and live storm coverage. We even had our own
storm spotters.
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I loved doing the weather, but kind of lost
interest after the City started attacking me.
they tried to make me stop doing it, claiming I
was endangering the town.
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We worked our tails off. 60 hours a week
minimum, never got a vacation, we were on call
24hrs a day, and we barely saw our children.
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And there was never enough money to pay ourselves
during the first 8 years.
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We struggled financially, just like most of our
customers. We understood and tried to work with
them when they were short.
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We lost a lot of money being nice, but it paid
off in the long haul. I certainly hold no
grudges, life is to short. Besides I cant
remember anyways.
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We worked with our customers, never calling them
and harassing them for money.
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We would put up on TV, We NEED YOUR Payment,
X-Number of people have not yet came in. It
worked better than postage. The City didnt like
that either. We just tried to save money, keep
low prices.
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Our customers knew we needed their support, those
payments built this system. I owe you back. I
havent forgotten. So that is why I fight for
what I believe is right for all of us.
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And Julie knew every single one of you by name.
Plus your address, your kids, parents, cousins,
and how much you owed.
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We did what we said we were going to do!
You cant fault us on that. This is a
tough town to go to church in, I think we got
invited twice.
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We tried very hard but were never excepted.
Thats because of the Citys tactics against us,
and they let it be known.
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It took this franchise battle and Julies death
to truly discover what was really behind their
actions, and I truly believe this with all my
heart.
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We were liked by the plain folk, those ones that
didnt have something to hide, gain, or loose.
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The City knows this, they were worried and still
are. Our mistake was, that we were more popular
than they were. They will go to any length to
prove and discredit us. Just like this franchise
battle.
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Is this not the most stupid thing you ever seen.
They have spent so much money, just to throw a
local person out of town, it should be criminal.
They will lie to you and say thats not true, but
I will testify in the name of my father its true.
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We tried to support the City, and in our own way,
we did. Low cable prices saved everyone thousands
of dollars. That saved money, in turn, went back
into the local economy.
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We also paid the City 20,000 dollars yearly in
electric usage that would of not otherwise been
available, if we were not voted in by you. Today
it is more like 44,850 a year. Were in the
same boat as you, just bigger.
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Yes, its true, we paid our franchise fees late.
We always struggled. It was a rough eight years.
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My City never helped me, my Chamber never helped
me, the BIA, tried to destroy me. Cordell was in
the BIA in the 1990s. He was there when DW Boyd
was the BIA attorney, and Boyd said there was no
contamination on the smelter property.
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We came out in support for the school when they
needed a new roof, parking lot, and Gym.
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We offered to build the school a fiber optic
system that tied all the schools together, FOR
FREE.
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Instead they went with ATT and paid them.
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We provided the City, Police Dept. and Fire
Station with Free Internet for 7 years.
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They canceled my service and now pay ATT 1,500
a month.
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Now our franchise says I must build studios at
the High School and City Hall at my expense.
City Hall always refused to allow us to film
their meetings. Now they want me to build them a
studio.
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Now I am required to give 3 of all revenues
collected, in addition to the Franchise Fee, as a
Grant to the school. This will be Billed to you,
so they can run a community access channel.
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I must give this to the school as a grant, paid
to them quarterly. If I fail to do so, they will
cancel our Franchise.
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Im told I must not lease out Ch. 2 to iRock
Inc., Taxpayers for Transparency, or any other
third party, this is in direct violation of
federal law which says I must. I must have City
approval and follow their rules. Government
Censorship.
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If I dont stop leasing our Channel 2, they can
fine me, cancel our Franchise, and take my cable
system. There is even a clause that says after
they take my cable system, I have to run it for
the City for 12 months. FREE
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Who could agree to Franchise terms like
those?Could you?
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Would you spend 10 years of your life building a
good business and agree to a contract with the
City that said they could take it away from you
and make you work for them for free.Sounds like
communism to me.
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There are so many catch 22s in this document.
So much reporting that we will be spending
all our time doing meaningless tasks and our
customers will be the ones that will pay and
suffer from it.
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The Citys Franchise is now a 39 page document in
smallprint. The original was only 7 pages long.
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The Pole Rental Agreement is another example of
unrealistic demands upon us.
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They are requiring me to pay 3.50 per
attachment. There are multiple attachments on
many of the poles.
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The agreement says the BMA is the owner of the
poles. This is a lie, the BMA does not own the
poles, the citizens do.The BMA leases them.
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We the citizens, through the City of Blackwell,
own the poles. The Blackwell Municipal
Authority, (BMA) manages our utility systems and
they take all the revenues. The BMA simply
leases the systems from the City. The revenues
all go to the BMA to guarantee the notes it
barrowed from the banks. This Franchise, the
City is forcing me to sign, says that the BMA
owns the poles.
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For the BMA to say that they own the poles is
like your landlord finding out you took out a
mortgage on your rental home.
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Federal law allows Cities to collect up to 5 of
gross revenues for the use of the public right of
ways.
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The City wanted 5 of all our revenues which will
be billed to you and pole rental of 3.50 per
attachment. To disguise this illegal scheme, they
are trying to get me to go along with breaking
State and Federal laws. By signing a contract
that says the BMA owns the poles.
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My forced signing will then allow them to charge
other users in the future like ATT pole rental.
Another legal battle that will cost you dearly.
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I know I have spent a ton fighting this Franchise
Agreement, I can only imagine how much a big
corporation like ATT would be willing to spend.
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The City is also pulling this on Freeport. The
BMA is suing Freeport, too.
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The City wants Freeport to pay the BMA so that
City/citizens cannot have control of the money.
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The City leases all the revenue producing
utilities to the BMA for 1.00, yet the City
bills you, collects it, then gives all the money
to the BMA.
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Then the BMA divides this money up, and gives the
City what it originally put in its budget.
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If, Sally did not put enough on the budget, then
they are short.
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Then WA-La, City is 500,000 short.
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The City brings in 14 million. Now they are
going to increase electric costs 10, water and
sewer 25, and trash 45.
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The accountant told them they were doing very
good. In fact, the City banked 1.5 million more
in one fund and 1.3 million in another fund, but
the somehow City budget was going to be 200,000
underfunded.
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And the accountant did not recommend a rate
increase.
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So at the next council meeting they brought in an
opposite opinion, and said we were going to be
500,000 short and you need to raise rates.
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OK, I went to Blackwell High, but I figure we got
about 3 million more than we need in two other
areas, and 500,000 short in another area. That
means we got 2.5 million. So we simple amend
the budget.
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Oh, thats right Sally has never filed an amended
budget before, so they dont know how to do
it.But they do know how to raise rates.
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They agreed to wait until after the elections to
raise the rates. Or see if anyone runs against
them next week.
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Is there truly not anyone in this town who can
run. Surely there is someone who cares, who is
willing to work hard, study the issues, and make
common sense decisions. Its just two days a
month. Meetings only last 15 minutes, and you
get to spend 14 million dollars.
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You can sign up to run on Monday, Tuesday, and
Wednesday of this coming week. That the 11th
12th and 13th of January.
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Anyone who lives on the East side of Main can
sign up. Thats Nita Carrolls district.
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And anyone who lives between Main and 13th and on
the North side of Ferguson and South side of
McKinley can run against Max Wirtz.
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Back to our cable franchise.
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We were required to attend a settlement
conference. We went and talked about it, that
was our mistake, they then claimed we had an
agreement, I never agreed to any of it other than
a 10 year term.
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But somehow even after the judge ruled we had
cause on, Defamation, 5th and 14th Amendment Due
Process Violations, and Violations of the Cable
Act
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he ruled we had a verbal agreement. So we never
got our day in court.
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We are now forced to appeal this decision. And
we did appeal it Monday.
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If we loose, and cant get to court...
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this could be the last of these messages.
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We will have to behave! You will be on your own!
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Just kidding Im not going to stop until we get
the job done, Its time for you to help, now is
the time!!!
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Here are the goals!
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1. Bid out our Electricity to get the lowest
price.
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2. Use City employees to run our water and
sewer system once again.

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3. Establish a group of monitors to watch the
clean-up and fine them if they dont follow well
established standards..
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4. Test all our City employees who have been
forced to expose themselves to hazardous waste
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5. Determine possible liability costs for the
City employees and any uninformed contractors
that were possible exposed.
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6. Do not even consider settling with Freeport
until we know everything!
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7. Begin testing all children not just for lead
but cadmium, antimony and silver.
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8. Fight to get Blackwell back on the National
Priority Listing.
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9. Get the CDC into town and help to resolve
longstanding issues.
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10. Push to bring charges against the guilty and
let the rest GO to testify for us.
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11. Re-Empanel a new environmental steering
committee.
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12. Dissolve the BMA or limit its use.
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Mark Cordell 363-4433Max Wirtz
363-3002Brad Becthel 363-5828Nita
Carroll 363-4506Hudsonpillar
363-3133
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We also need the people to understand, that your
City filed suit against Freeport only for damages
to its property. They did not and are not suing
for your personal injuries.
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All past and present City employees are not
covered. They are not doing anything for you!
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Just recently a major water line broke on the
Site, and the City of Blackwell sent its
employees to dig in the contamination without
protection.
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In 1992 the EPA tested the very same spot wearing
disposable coveralls, booties, gloves, and a
full-face air-purifying respirator to collect
just a few small dirt samples.
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That area contains elevated Thorium. Thorium is
used in producing nuclear fusion, hence Thorium
Rods.
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This same area, where you dump your trash off and
played baseball (13th Street and West Blackwell)
contains high levels of Cadmium, Lead, Mercury,
Antimony, and Arsenic. Arsenic is a known cancer
causer.
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Anyone who dug on the site, played ball at the
Ball Field located on the corner of Blackwell and
13th, or worked on the Industrial Park are likely
to have been exposed to heavy metals. Safeguard
your medical records you may need them.
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Here is a partial list on what to look
for.Kidney problemspersistent fatiguepoor
coordinationpremature birthlearning
disabilitiesseizures or comabladder cancerlung
cancermemory problemsmiscarriagescolon cancer
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Abnormal heart rhythmaggressive
behavioranemiaedemaskin cancermuscle
weaknessdecreased bone densityinability to
concentratemuscle weaknessCOPDleukemia
progressive supra nuclear palsy
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Brittle nails with Mees linesencephalopathyhype
rkeratosisperipheral neuropathypolyneuropathypr
oteinuriaheadacheshair lossLou Gehrig disease
type II diabetes birth defectsneurological
Lupus
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Our Smelter was not just your run of the mill
smelter
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In 1939, it was reported that the Blackwell Zinc
Smelter was the third largest in the World.
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Our Zinc Smelter was the largest in the United
States.
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In 1951, the Blackwell Zinc Co. finished
construction on the largest sintering plant in
the US. The Sintering Plant consisted of 3
separate building with a combined 81,000 square
feet of floor space.
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The Sintering Plant had over 4,800 feet of belt
conveyers and the average sinter output during
the first year was 18.2 tons per hour. The plant
consumed up to 300,000 cubic feet of natural gas
PER DAY.
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Blackwell supplied 13 of the cadmium for the
entire US.It sold 26.25 million pounds from this
smelter.
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This Zinc smelter produced 3,359,920 tons.THATS
TONS of ZINC 3.34 million tons
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The water discharge reports from March 1973
indicated the overflow from the smelter pond
that went into the legion park creek and
eventually into the Chikaskia where we got our
water from. 68,115,333 gallons of water discharge
into our creek that the children play in and the
City still refuses to put up warning signs.
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In 1971 OU conducted a air quality program and
they were measuring sulfur admissions. The guys
tried to conduct the measurements from the site
but they were so high they could not use them.
They had to go a mile away before the reading
lowered enough to determine a pattern of
emissions.
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There has been documented releases of airborne
waste of 85 Million pounds.
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The debris from broken condensers, retorts, and
slag is enough to bury Blackwell in one foot of
this highly contaminated waste.
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If you dare to challenge the fact that Blackwell
isnt highly contaminated, you must have
something to loose personally.
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If you (The City) are afraid to admit the
seriousness of this situation, we are not. You
can stay with your podium and keep your job. The
rest of us have our quality of life to save.
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Also, dont forget to sign up to run against Max
Wirtz and Nita Carrol beginning Monday morning on
the 11th, 12th, and the 13th of next week. Come
by 1004 W. Doolin and get your donation, after
you signed up for candidacy.- Greg Deffner