HomeMy WebLinkAboutItem 8.1 Community Access Preservation Act
STAFF REPORT CITY CLERK
File #660-40
CITY COUNCIL
DATE:February 4, 2014
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, Acting City Manager
SUBJECT:
Resolution in Support of the Community Access Preservation Act (CAP Act)
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
In 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 Access Preservation Act
(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 $92,000 to subsidize TV30 operations.
RECOMMENDATION:
Resolution
Staff recommends the City Council adopt Supporting the Passage of U.S. Senate
Bill 1789, the Community Access Preservation Act (CAP Act).
Submitted By Reviewed By
Assistant to the City Manager Acting Assistant City Manager
ITEM NO. 8.1
Page 1 of 2
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 Tri-Valley Community Television (TV30) have traditionally
used PEG funds, which are collected through a subscriber fee on monthly cable bills, to fund
operations and capital acquisitions. However, a trend in state legislation across the country has
placed restrictions on 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 within the Tri-Valley in 2011. At the federal level, PEG fees are
only differentiated from other cable provider support revenue if they are used solely for capital
purposes. However, at the local level, communities have been able to negotiate the use of PEG
fees with cable service providers for operational purposes as part of their local franchise
agreements. When the State passed the DIVCA legislation, the authority to negotiate local cable
franchise agreements was removed from the State’s municipalities, and designated the
California Public Utilities Commission as the sole franchising authority for California. Importantly,
there were no provisions within the legislation or new franchise language that would allow the
use of PEG fees for operational purpose, leaving many community televisions stations without
operational support funding, previously drawn from PEG fees.
Left without operational dollars, many PEG channels across the country have been forced to
close their doors. For TV30, the commitment of the Tri-Valley cities of Dublin, Livermore, and
Pleasanton did not allow this to happen. Instead, General Fund operational funding has been
provided by each city, and a TV30 Foundation has been established for local private
fundraising. In addition, the Station and its Board of Directors, made up of the Mayors of the
three cities, have been advocating for federal legislation that would allow PEG funds to be used
for operational as well as capital purposes, relieving the need for General Fund support.
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 ensuring that cable operators cannot charge for the transmission of
the PEG channels, and ensure that PEG channels are carried on the basic tier of cable
services.
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 S.1789, the Community
Access Preservation Act (CAP Act)
Page 2 of 2
RESOLUTION NO. XX - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
SUPPORTING THE PASSAGE OF U.S. SENATE BILL 1789, THE COMMUNITY ACCESS
PRESERVATION ACT (CAP ACT)
WHEREAS,
public, educational and government (PEG) access channels are one of the last
surviving sources for local television programming across the country and PEG channels play a
significant role in the City of Dublin; and
WHEREAS,
PEG channels are a unique and valuable resource for local information and
discourse for the residents of the City of Dublin; and
WHEREAS,
PEG channels televise local government meetings, including City Council and
Dublin Unified School District Board meetings, so that citizens are informed about the actions taken
by local officials; and
WHEREAS,
PEG channels are also utilized to communicate with citizens on municipal events
and services and also provide advisories and preparation directions to residents for emergency
purposes; and
WHEREAS,
PEG channels provide a window through which residents can view the diversity
of cultures, educational information, recreational activities and artistic endeavors in their local
community; and
WHEREAS,
PEG channels reflect the unique identity of the communities they serve; and
WHEREAS,
it is important to preserve PEG channels and funding for PEG channels, and to
ensure that the channels continue to be available to the entire community to serve the residents of
the City of Dublin; and
WHEREAS,
the Community Access Preservation (CAP) Act addresses critical and immediate
threats to PEG; and
WHEREAS,
the CAP Act provides important solutions for critical and immediate threats to
PEG channels and facilities across the country by removing use restrictions on PEG access fees,
restoring PEG revenue streams, and preventing video providers from charging municipalities for the
transmission of the PEG channels; and
WHEREAS,
the CAP Act would allow PEG fees to once again be used for any legitimate PEG
expense, instead of restricting PEG fees to capital expenses only.
NOW, THEREFORE, BE IT RESOLVED,
that the City Council of the City of Dublin
supports immediate passage of S. 1789, the Community Access Preservation Act (CAP Act);
and
ATTACHMENT 1
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 S. 1789,
including, but not limited to, endorsing, co-sponsoring and voting for S. 1789, and to work for its
rapid passage.
PASSED, APPROVED AND ADOPTED
this 4th day of February 2014, by the following
vote:
AYES
:
NOES
:
ABSENT
:
ABSTAIN
:
______________________________
Mayor
ATTEST
:
_________________________________
City Clerk
ATTACHMENT 1