HomeMy WebLinkAboutItem 4.04 Amend Communications Act of 1934
STAFF REPORT CITY CLERK
File #660-50
CITY COUNCIL
DATE:October 6, 2015
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Resolution Supporting an Amendment of the Communications Act of 1934
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
Community television stations provide transparency and access for residents and business
owners by broadcasting local government meetings and programming. California law allows a
local entity to establish a fee to support public, educational and governmental (PEG) channel
facilities consistent with federal law, which limits the use of PEG fees for capital costs incurred
for PEG access facilities. The Community Access Preservation Act (CAP Act), U.S. Senate Bill
S.1244, would modify the Communications Act of 1934 to allow PEG fees to be used for both
capital and operational expenses.
FINANCIAL IMPACT:
The passage of this legislation would enable the City Council to allocate the TVCTV annual
operational expenditures, approximately $95,000, from the PEG Special Reserve Fund instead
of the General Fund.
RECOMMENDATION:
Resolution
Staff recommends the City Council adopt the Supporting U.S. Senate Bill S.1244 to
Amend the Communications Act of 1934.
Reviewed By
Assistant City Manager
DESCRIPTION:
Tri-Valley Community Television (TVCTV) serves the educational and government access
needs for the cities of Dublin, Livermore and Pleasanton and televises local City Council and
School Board meetings, high school sports games, and other local events. Community
television stations such as TVCTV receive PEG funds through their partner cities based on a
subscriber fee on monthly cable bills. These fees may only be used for station capital expenses;
ITEM NO. 4.4
Page 1 of 2
operational expenses must be funded through another source. Currently, the cities of Dublin,
Livermore and Pleasanton use general fund dollars to support TVCTV operations.
In 2011, the Community Access Preservation Act (CAP Act) was introduced by then U.S.
Representative Tammy Baldwin (Wisconsin) to expand the use of PEG fees for both capital and
operational expenses. This change would provide financial flexibility for access providers and
local governments. The Dublin City Council unanimously approved a resolution in support of the
bill on May 1, 2012. However, the legislation did not pass the 112th Congress.
On December 10, 2013, now U.S. Senator Tammy Baldwin (Wisconsin) and Senator Edward
Markley (Massachusetts) introduced a bill -- S.1789. The legislation addressed similar problems
as its CAP Act predecessor. S.1789 had bipartisan sponsorship, and was supported by the
National League of Cities, the U.S. Conference of Catholic Bishops and other groups. The
Dublin City Council unanimously approved a resolution in support of S.1789 on February 4,
2014. However, the legislation did not pass the 113th Congress.
On May 7, 2015, U.S. Senator Tammy Baldwin again introduced the CAP Act as S.1244. In
June 2015, Mayor David Haubert, Mayor John Marchand of Livermore, Mayor Jerry Thorne of
Pleasanton and Mayor Chris Watts of Denton, TX sponsored a successful resolution on PEG
channel support that was adopted at the U.S. Conference of Mayors’ Annual Meeting. S.1244
presently sits in the Senate Committee on Commerce, Science, and Transportation. Staff is
recommending that the City of Dublin again signal its support for this federal legislation by
Attachment 1
adopting a resolution of support ().
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1.Resolution Supporting U.S. Senate Bill S.1244 to Amend the
Communications Act of 1934
Page 2 of 2
RESOLUTION NO. XX - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
RESOLUTION SUPPORTING U.S. SENATE BILL S.1244 TO AMEND THE
COMMUNICATIONS ACT OF 1934
WHEREAS,
Tri-Valley Community Television (TVCTV) serves the educational and
governmental access needs for the cities of Dublin, Livermore, and Pleasanton; and
WHEREAS,
federal and state law allows a subscriber fee to support public, educational,
and governmental (PEG) channel facilities, which channels are shown on TVCTV; and
WHEREAS,
PEG fees may only be used for capital expenses; and
WHEREAS,
TVCTV operational expenses must be funded through a source, other than
PEG fess, and the cities of Dublin, Livermore, and Pleasanton currently use general fund dollars
to support TVCTV operations; and
WHEREAS, t
he Community Access Preservation Act (CAP Act) was first introduced in
May 2011 in the 112th Congress to expand the use of PEG fees for both capital and operational
expenses; and
WHEREAS,
a change in the Communications Act of 1934 would provide financial
flexibility for access providers and local governments; however, the legislation made little
progress; and
WHEREAS,
a similar bill, S.1789, was introduced in December 2013; however, this
th
legislation also did not pass the 113 Congress; and
WHEREAS,
on May 7, 2015, U.S. Senator Tammy Baldwin again introduced the CAP
Act as S.1244 to “amend the Communications Act of 1934 to establish signal quality and
content requirements for the carriage of public, educational, and governmental channels, to
preserve support of such channels, and for other purposes.”
NOW, THEREFORE, BE IT RESOLVED
, that the City Council of the City of Dublin
supports amending the Communications Act of 1934 to “establish signal quality and content
requirements for the carriage of public, educational, and governmental channels, to preserve
support of such channels, and for other purposes.”
BE IT FURTHER RESOLVED
, that the City of Dublin supports S.1244, known as the
CAP Act, and urges its federal delegation to co-sponsor, advocate for the passage of, and to
vote for S.1244.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED
this 6th day of October 2015, by the following
vote:
AYES
:
NOES
:
ABSENT
:
ABSTAIN
:
______________________________
Mayor
ATTEST
:
_________________________________
City Clerk
ATTACHMENT 1