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Home My WebLink About4.3 Community Access Preserv~~~~ Off' nU~~~ /ii ~ 111 L~~ - ~ ~~~ DATE: May 1, 2012 TO: FROM: SUBJECT Honorable Mayor and City Councilmembers ~~ Joni Pattillo, City Manager ° ~' Resolution in Support of the Community Access Preservation Act of 2011 (CAP Act ) Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: In June 2011, the franchise agreement between Comcast and the City of Dublin ended, and the City became subject to Assembly Bill 2987, the Digital Infrastructure and Video Competition Act (DIVCA). DIVCA shifted oversight of cable television franchises from local governments to the State through the California Public Utilities Commission. As a result of DIVCA, Tri-Valley Community Television (TV30) lost its flexibility to use PEG (Public, Education, and Government) fees collected from subscribers for ongoing operations. Although PEG fees continue to be collected from subscribers by the cable operators, these fees are now specifically designated for capital costs only. This change detrimentally impacted TV30 as well as public access channels throughout the country with similar state laws. The federal Community Preservation Act of 2011 (CAP Act) would rectify this situation. FINANCIAL IMPACT: The passage of the CAP Act would eliminate the need for annual general fund expenditures in the amount of $70,000 for TV30. RECOMMENDATION: Staff recommends the City Council adopt a resolution supporting the Community Access Preservation Act of 2011 (CAP Act). ~. ~, Submitted By" Reviewed By Assistant to the City Manager Assistant City Manager STAFF REPORT CITY COUNCIL CITY CLERK File # Page 1 of 2 ITEM NO. 4.3 DESCRIPTION: PEG (Public, Education and Government) channels connect residents with their local government by broadcasting city council, school board, and special agency meetings. These channels also televise high school sporting events, and provide other local programming such as holiday parades. In short, PEG channels represent community television, not public television like PBS. Community television stations like TV30 collect PEG funds through a subscriber fee on monthly cable bills. In the past, these dollars could be used for both station operations like staffing as well as capital uses like equipment purchases. A recent trend in state legislation across the country placed restrictions on these PEG fees requiring that they be used for capital purposes only. The State of California's restriction (Assembly Bill 2987, the Digital Infrastructure and Video Competition Act, or DIVCA) went into effect for TV30 in June 2011. Left without operational dollars, many PEG channels across the country are being forced to close their doors. For TV30, the commitment of the Tri-Valley cities of Dublin, Livermore, Pleasanton, and San Ramon did not allow this to happen. Instead, short term operational funding has been provided by each city, and a new TV30 Foundation has been established for local private fundraising. In addition, the Station and its Board of Directors, the Mayors of the four cities, have been advocating for federal legislation that would allow PEG funds to be used from operational as well as capital purposes. In response to the loss of revenue by community television stations across the country, the Community Access Preservation Act (CAP Act) was drafted to address the immediate issue facing PEG channels by allowing PEG fees to be used for any PEG-related purpose. This provision would again permit the use of PEG funds for operations. Another aspect of the Act would also benefit TV30 by insuring that cable operators cannot charge for the transmission of the PEG channels. At a time when more government transparency is demanded by residents, an important tool in that effort is disappearing -community television. The City Council had adopted a resolution of support for a previous version of this bill in a prior session of Congress. Consequently, TV30 has requested that each Tri-Valley city adopt a new resolution (Attachment 1) supporting the current version of the CAP Act, which would signal that the Tri-Valley cities strongly support this important federal legislation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Supporting the Passage of HR 1746, the Community Access Preservation Act of 2011 (CAP Act) Page 2 of 2 RESOLUTION NO. XX - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** SUPPORTING THE PASSAGE OF HR 1746, THE COMMUNITY ACCESS PRESERVATION ACT OF 2011 (CAP ACT) WHEREAS, in June 2011, the franchise agreement between Comcast and the City of Dublin ended, and the City became subject to the Digital Infrastructure and Video Competition Act (DIVCA); and WHEREAS, Tri-Valley Community Television (TV30), as a result of this legislation, lost its flexibility to use its Public, Education, and Government (PEG) funding as needed; and WHEREAS, PEG fees are now specifically designated for capital costs only, leaving TV30 and similar local television stations throughout the country without operational dollars; and WHEREAS, the Community Access Preservation Act of 2011, drafted and championed by U.S. Representative Tammy Baldwin (Wisconsin), would rectify this situation, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin supports immediate passage of HR 1746, the Community Access Preservation Act of 2011(CAP Act); and BE IT FURTHER RESOLVED, that the City Council of the City of Dublin calls on its Congressional delegation to take all possible actions in support of the passage of HR 1746, including but not limited to endorsing, co-sponsoring and voting for HR 1746, and to work for its rapid passage. PASSED, APPROVED AND ADOPTED this 1st day of May, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ATTACHMENT 1