UA, TCI struggle with contract talks

Robert Henry Becker Arizona Daily Wildcat Brian Russell of Yavapai Residence Hall stands in front of the cable hookup in his room. The UA made the residence halls cable ready and promised residents that they would get cable this year, but problems between the UA and Tucson Cablevision Inc. over perpetual contract rights have not yet been worked out.

The university was anticipating having the cable system up by Oct. 1, but after three months of delays, contract negotiations are still ongoing as lawyers from the University of Arizona and TCI try to agree on a contract that allows both sides to abide by state and federal laws, said Steve Gilmore, assistant director of the Department of Residence Life.

The contractual problem is a result over a clause in renewal rights, Gilmore said. Under federal law, TCI has perpetual rights to the renewal of continuing cable service, but the UA, as a state agency, may not sign a contract that grants perpetual rights, he said.

"We need to find a way to structure a contract that won't be in violation of state law," said Mike Proctor, a UA attorney.

Gilmore said that he and Ken Watts, general manager of TCI in Tucson, have done all that they can and are eagerly waiting to see if the respective lawyers can resolve the dispute.

"No one wants this up more than I do," Gilmore said. "We have spent too much time on this, and we have to put it to bed."

If the negotiations between the UA and TCI end without a contract, Residence Life will seek other alternatives, Gilmore said.

One of those alternatives is to ask the Federal Communications Commission to redefine laws so that the university would not be defined as a cable system, he said.

Federal law prohibits an institution from owning a cable system and a television station at the same time. This is a problem because the university owns public television station KUAT.

The university is actively pursuing the change in definition with common law experts, Gilmore said. The UA wants to be defined as a satellite master antenna television system so that it can run a cable system, he said.

Chris Christensen, president of the UA Residence Hall Association, said residents are still frustrated about the lack of cable, but they realize that getting cable up and running is proving to be much tougher than what was originally expected.

"I have the utmost faith that the department will get it done as quickly as possible," Christensen said. "We are just waiting, looking for updates, but basically it is a wait-and-see type thing."

Sarah Klandrud, anthropology junior and Yavapai Hall resident, said she was not surprised by the delays.

"I think it is kind of funny that people would think that this would happen on time." Julie Jeffrey, management information systems sophomore and another Yavapai resident, said some residents are upset that the cable system is not finished yet after residents were told earlier in the year that it would be.

"The reception is bad here and I'm sure getting cable would make it better," Jeffrey said. "They (the UA) shouldn't say anything until the project is complete."

"It sucks not having it," said Pete Lozano, biochemistry freshman and Kaibab-Huachuca Hall resident. "We don't get any sporting events or anything we really want to watch. I hoped we would get it sooner."

Other residents were more understanding of the university's situation. Mike Fuller, computer engineering freshman and Kaibab-Huachuca resident, said he is a little upset about not having cable yet, but he understands the UA has run into some legal problems.

Another Yavapai resident, Brian Russell, molecular and cellular biology sophomore, said cable would be nice, but he can live without it.

"I would like to have cable, but it is not going to destroy my life not having it," Russell said.

Gilmore said the residents have been very gracious and understanding during the entire process.

"We will have cable at sometime," he said.