Save Access

We are posting this alert related to California Bill AB2987. If you are in the Sacramento area, please attend the AB2987 hearing tomorrow. If you are elsewhere in the state and cannot attend, Media Alliance has an easy to send email letter
Additional information can be found at these web sites:
http://www.acmwest.org
http://www.savepublicaccess.com
http://www.media-alliance.org

CALIFORNIA ACTION ALERT

It is VERY important to have as many people as possible attend the AB2987 hearing on Tuesday, June 27. The hearing is scheduled to start at 10:30 am and end by 1:30 pm, and will take place in Room 112 at the Capitol in Sacramento.

Please note that the starting time for the hearing on AB2987 is 10:30 AM (new info). The Committee will be having hearings on several other bills in the same room starting at 9:30 am. AB2987 will be dealt with starting at 10:30 am. It will be important to get to the hearing room early. It's a small room (seats about 100 people) and we want to make sure the PEG reps are seated and well represented in the room.

You may not get to speak but we need lots of people representing PEG and I-Net concerns in the room. This message was clearly delivered to me earlier today. We may be limited regarding the number of persons who can speak. If so, Suzanne St.John-Crane will identify the speakers to represent the Alliance and PEG issues. If you plan to come, please email "Suzanne St. John-Crane" or Sue Buske as soon as possible.

Background

From a 6/23 briefing on an amended version of AB2987. It offers certain non-PEG related amendments dealing with the "build out " issues, reporting issues, and several other changes. Unfortunately, the only PEG related changes made the bill worse, not better.

During the briefing, Assembly staff indicated that there were still unresolved issues in the bill. It is our understanding, based upon the briefing, that there will be no changes to the PEG language before the hearing on Tuesday. However, staff indicated that it was their intent to deal with PEG and I-Net after July 4 and before early August.

It seems they haven't dealt with PEG and I-Net because of the wide variety of ways that these topics have been dealt with in franchises across the State. In other words, they can't figure out how to create a "one size fits all approach to PEG". Assembly staff called PEG and I-Net very "vexing issues".

The Alliance and PEG supporters have provided suggested amendments to solve the problems created by AB2987, and it is our understanding that those amendments are still under review by Assembly and Senate staff. During the briefing today, we indicated our willingness to work with the Staff to explore solutions to the PEG and I-Net problems in the bill.

Preserving the PEG and I-Net language in existing franchises that many communities fought hard battles to get would be a big step toward solving some of the PEG and I-Net problems in AB2987. The bill currently appears to allow current cable operators to "abrogate" (walk away from) the terms of their existing franchises. Obviously, this creates very serious problems.

Below you will find a list of other PEG and I-Net related concerns contained in AB2987:

PEG ACCESS AND I-NET RELATED CONCERNS WITH AB 2987

PEG Access Channels

• On the effective date of AB 2987 (January 1, 2007), a community may only keep the PEG access channels that are then activated in accordance with the requirements of its existing franchise.

• AB 2987 imposes a future ceiling of three PEG access channels for communities that now have no PEG access channels. However, this future ceiling of three channels is not available to communities with only one or two activated PEG access channels on January 1, 2007 (see above).

• AB 2987 imposes an unreasonably high, state-required standard (56 hours per week of original, locally-produced programming) to activate only one additional PEG access channel (in addition to channels that are activated on the effective date of AB 2987).

• NOTE: The ability to activate only one additional PEG access channel based upon a usage level is less than the number of channels reserved for future availability in many existing franchises.

PEG Access Funding, In-Kind Services, and Connectivity

• In cities/counties with existing PEG access franchise obligations, AB 2987 limits the cable/video provider‚s financial obligations to only capital costs (and overturns all other funding obligations that were negotiated in existing franchises).
- Other existing grants and funding obligations are not enforceable.
- Certain in-kind services such as fiber connections to deliver PEG access programming from the community media center(s) to the headend, remote origination connections, channel listings, promotional obligations, etc., are not enforceable.

• When an existing franchise term expires, and in all cases where there are no PEG access channels or resources specified in existing franchises, PEG access funding and support opportunities are severely limited by the state franchise approach as envisioned by AB 2987.
- PEG access funding is limited to the lower of 1% of gross revenues or the amount of capital-related PEG access funding required in the expiring franchise.
- All cash and in-kind funding for PEG access and Institutional Networks must fall within the amount described above, and must be shared between the cable and video providers.
- Up front capital or other PEG access grants that were provided prior to the effective date of AB 2987 are not acknowledged.
- Other typical PEG access elements, such as requirements for fiber connections to deliver PEG access programming from the community media center(s) to the headend, remote origination connections, channel listings, promotional obligations, etc., are not included as permissible state franchise obligations under AB 2987.
- Requirements for free drops to schools, public buildings and libraries are not included as permissible state franchise obligations under AB 2987.
- Institutional Networks („I-Nets‰), whether dedicated fiber or managed services, are not preserved.
- This is critical to PEG access, since in many cases upstream and remote origination locations are accessed via an I-Net.
- I-Nets provide connectivity for critical public safety and homeland security providers and services, as well as Internet functionality for schools and public buildings.