Updated 1/31/08
Alliance For Community Testifies Before Congress
About Carriage of PEG Channels On Cable Systems.
(Read the article from Multichannel News)
Challenge To FCC RulingDATV has engaged the law
firm of Spiegel McDiarmid to file a Petition for Review in the 6th
Circuit Court. The 2RO amends the Cable Communication Policy Act of
1984. Specifically reducing the local franchise power of our cities. The
Alliance for Community Media will support them in this effort and will
be able to remain on the request for reconsideration and stay before the
FCC.
The FCC passed the Second Report and Order in a 2-3 vote in October.
DATV opposes this action because it undercuts the local franchising
power of our cities and towns.
To explain in detail we quote from the DISSENTING STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
I strongly dissented last year when the Commission
issued an order short-circuiting the franchise negotiation process
between new entrants into the video market and local governments. Our
decision that day found no justification in the record compiled in the
proceeding, and it struck me as violative of the basic principles of
federalism and the statute Congress has given us. In short, I found no
rationale for the FCC to intrude into these negotiations.
I dissent to today’s item because I believe the legal
and factual justifications for this new decision—concerning the
negotiations between existing franchise holders and local
governments—are even weaker. And they are even more contrary to good
government. If our previous decision was a body blow to the principle
of federalism, today’s decision is the coup de grace.
I find today’s Order to be even more
intrusive into traditional prerogatives of local franchising authorities
than our prior Order, while simultaneously less
persuasive about the policy or legal grounds for taking such a step. To
begin with, I do not see any evidence in the record that existing
franchise operators are facing meaningful competitive disadvantages or
barriers. And our decision today certainly does not have the virtue of
introducing new competition to the market. Rather, it addresses—and
changes—an existing negotiation process that is respectful of the
principles of federalism and that appears to be working well today. If
it ain’t broke, why are we fixing it?
My concern about today’s decision is not just
philosophical. As the record indicates, one possible consequence of
this new set of regulations may be to deprive American consumers of
access to PEG channels that serve important community needs. Another
effect may be to deprive local governments of access to I-Net facilities
that support public safety and other important government operations.
Finally, this decision opens the Commission to enormous legal risk. Why
incur such results when Congress provided a workable process for
incumbent video providers and LFAs to negotiate with each other for
franchises, with recourse to federal district courts if disagreements
arose?
Read about how North Carolina's cable bill
turned out not to be all that was promised!
Governor signs SB 117 into law!
- official announcement
Governor Ted Strickland signed SB 117 into law on Monday, June 25th.
"Cities expect cable TV law to bite twice"
- (Columbus Dispatch 6/20/07)
6/25/07
Governor Signs Law Curtailing PEG Access
(Read
The Full Text Of Bill Here)
Ohio Senate Bill 117 was signed into law by Governor Ted Strickland on June
25th thus officially curtailing the significance and viability of
many Public, Educational and Government access centers across the state of
Ohio.
The Bill in its final form removes a requirement that Video Services
Providers have to pay additional support for Public, Educational and
Government access centers in exchange for use of public property.
The immediate impact of that provision is that DATV will lose $150,000
annually in fees previously paid by Time Warner Cable to DATV.
Additionally, all access centers across the state will lose any fees they
would have received.
The Bill also redefines how franchise fees are calculated by excluding many
items that have traditionally been counted for more than 30 years. The net
effect of this language will be to further reduce payments to the City of
Dayton by the Video Service Providers for use of public property.
Additionally, the Bill only requires that 3 access channels be carried on
the basic tier of service. In the City of Dayton alone there are currently 6
channels. Under the Bill’s authority 3 of these channels could be moved to
the digital tier of service, thus requiring citizens who wish to view these
channels, to pay more for the privilege.
In another twist of logic, for some access channels, the Bill places a
burden on local governments, schools and access channels to produce an
unrealistic number of new programs each day or be at risk of confiscation by
the Video Service Provider.
”In confusing and unclear language the Bill also sets forth regulations with
regards to how access channels are transmitted to consumers,” said Rick
Hayes, DATV Executive Director. “This part of the Bill could also be
potentially fatal to local access channels, however the language is so vague
and contradictory as to leave the ultimate resolution of these conditions in
question.”
In the analysis of the Alliance for Community Media, the state of Ohio’s
Video Service Provider Bill has significantly reduced local government’s
compensation for use of public property and rights of citizens to have
viable Public, Educational and Government access channels.
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