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HomeMy WebLinkAbout06/05/1997, 8A - PUBLIC, EDUCATION AND GOVERNMENT (PEG) ACCESS ON CABLE TELEVISION Ci ,.y of Morro Bay - _ MORRO BAY, CALIFORNIA 93442 �:_ �• 805-772.6200 / •� Y•ILi T �-. JOINT MEETING OF CITY COUNCILS OF SAN LUIS OBISPO COUNTY June 5, 1997 TO: Honorable Mayors and City Council Members of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and San Luis Obispo FROM: City of Morro.Bay, Department of Public Works SUBJECT: Public, Education and Government(PEG) Access on Cable Television Cable.television PEG access channels typically provide community-oriented programming such as local news, public announcements, distance education and government meetings. These channels allow the opportunity for the public, educational institutions and governmental agencies to provide local commercial-free informational and educational programming over cable television. These types of programs are usually programmed by individuals and locals organizations, on either public, education or government channels. Under the 1984 Cable Act, local franchising authorities could negotiate with the cable operators to set aside channels for PEG use and provide services,facilities and equipment to support the use of these channels; however, the Cable Act stipulates that if the cable operator is required to provide operational support for those channels, that costs must be supported by the franchise fee. Government Access The Cable Act of 1984 provides little specification as to what government access entails: The policy for how it is used lies within the governmental agency itself. Usually the channel is used by a city to provide public information about government and community programs, services, events and issues. This use can include live broadcasts or tape delayed replays of meetings, pre-produced videos on specific topics. Public Access Public access to cable television isperhaps the most complex part of the PEG components. In-order to fully meet the needs of the public, there must be opportunities for the community to receive- training eceivetraining in producing television programs,the ability to broadcast programs on a live basis and insert tapes that has been produced earlier. There are important First Amendment issues concerning what can be broadcast and, as a result, the potential for great liability on the part of any organization that have oversight of program content: There are also administrative issues of scheduling the channel and integrating the demands of the public with the needs of the educational and governmental agencies which also use the channel. Rio FINANCE ADMINISTRATION FIRE.DEPARTMENT PUBLIC W 595 Harbor Street 595 Harbor Street 715 Harbor Street 695 Harbor Street HARBOR DEPARTMENT PLANNING AND BUILDING POLICE DEPARTMENT RECREATION AND PARKS 1275 Embarcadero 535 Harbor Street 850 Morro Bay Blvd. 1001 Kennedy Way 2 Benefits of PEG Access PEG access provides benefits to the community which are not available through commercial television station like KSLO Channel 6, which is attempting to provide"Pommunity tv." It allows for a diversity of expression and lets members of the public talk directly to one another. Service agencies can speak to the community and local issues can be covered and discussed in depth rather than the sound byte one may have on commercial television. PEG access also provides a forum for cities to allow its constituents to participate more directly in the governmental process by televising Council meetings and other important commission/board meetings. Finally, the educational community will increasingly require access to the PEG channels, wntrolled by the City through its franchise, in order to meet its distance learning needs. Consortium for Community Media In 1995, the Consortium for Community Media was formed by a number of governmental and educational agencies in the County with a memorandum of understanding for the period June 1995 through June 1997. The Consortium was formed to determine whether it would be useful for the region to partner in its efforts to make PEG a reality for San Luis Obispo County. For the first phase, the Consortium worked with a consultant-for over a year and completed a resource inventory/needs assessment and sponsored a pilot project, Television to Inform the Community(TTP),to demonstrate the possibilities available to local agencies through government access. The single most important conclusion derived from the work done is that the Consortium believes a"strategy of cooperation and collaboration on a county-wide, intersegmental basis will result in a more cost effective, equitable deployment of technology and will help each agency achieve its goals for lifelong learning and improved communications." Coordination with Consortium members resources is key to developing a successful county-wide PEG access program that provides for more diversified programming while not being a drain on an individual agency's finances. The Consortium elected not to continue forward to explore county-wide PEG options, due to the varying levels of interest in providing public access at this time; however, some agencies, such as the County of San Luis Obispo, the City of Morro Bay and the City.of San Luis Obispo have a greater need to move forward because of PEG provisions in their cable franchises and public interest in making a channel available. As a result,.the cities of Morro Bay and San Luis Obispo and the County of San Luis Obispo are,- moving ahead in their efforts.to address the management issues of PEG access. Preliminary .. discussions have even been held by the City of San Luis Obispo and the County with Cuesta College - and the San Luis Obispo county Office of Education,which are interested in utilizing PEG channels as part of their distance learning plans. At the same time, members of the Consortium contiriue to meet informally,as they believe that ultimately PEG access can best be served on a regional basis. Thus, while these agencies are currently working separately, their proposed paths are parallel and can easily be merged in the future. Joint Meeting of City Councils of San Luis Obispo County A W Public,Education and Government(PEG)Access on Cable Television 3 Conceptual Framework for PEG Access in San Luis Obispo County In order to tie together all the pieces of PEG access and to address the significant funding, administrative and liability issues it poses, the Consortium's consultant-has proposed a conceptual model. Although the cities of Morro Bay and San Luis Obispo and the County of San Luis Obispo are working independently to address PEG access, as are a number of educational entities, all the former members of the Consortium have endorsed this model. The model relies on the establishment of a nonprofit access corporation which would be independent from the cities and County and assume responsibility for all of the management of the access channel(s)with the public, educational community and government entities as desired. In the model, the cities and the County would contract with the nonprofit corporation for management of the access channel(s). 1. The nonprofit would also:. • Coordinate with educational institutions for providing training at its studio in exchange for the County using its PEG equipment funding to upgrade the studio. • Coordinate with another agency to be a central site for tape insertion. • Establish scope of services that limits operational subsidy from cities and County. . • Establish and enforce public access policies and procedures, including those for public use of the channel. • Provide outreach to the public. • Seek additional funding and resources to support public access. 2. Cities and the County would establish policies and program priorities for its own governmental programming, but could contract with the public access corporation for production services, including broadcasting of Council and perhaps some limited commission/board meetings. 3. Educational agencies would establish policies and.procedures for their own agencies' programming, but could contract with the access corporation for production services and teacher and student training in video production. Advantages and Disadvantages to the Nonprofit Model One advantage to having a nonprofit corporation manage the PEG channel(s) is that access is the nonprofit's sole mandate and focus. In addition, the corporation would be a neutral, third party with a minimal amount of bureaucracy that allows for greater flexibility in raising funds. Lastly,;having. the corporation manage the PEG channel(s)would provide the maximum protection against liability- for public access programming and First Amendment violations. There are concerns,however,with regards to the accountability of a newly established and untested nonprofit corporation that requires an investment of time and resources in planning and startup. Also, the corporation would be vulnerable if it lacked support from City Councils, the Board of Supervisors and the citizens. Joint Meeting of City Councils of San Luis Obispo County Public,,Education and Government(PEG)Access on Cable Television 4 Fiscal Impact It is difficult to determine at this time what the fiscal impact of implementing a PEG access program will be. The consultant notes that"no access corporation in the country is self-sufficient through fees for service, contracts or traditional fundraising" alone and that "all rely on some level of support from franchise fees, cable operator payments or some level of support from the franchising authorities." The consultant further states that"although ongoing operational budgets for nonprofit access centers in California range from $20,000 to $500,000 a year, it is difficult for a center to operate on less than$150,000 per year plus funds for equipment maintenance and replacement." This could be a shared.expense of all the participating agencies. Concurrences The County of San Luis Obispo and the cities of Morro Bay and San Luis Obispo have been considering similar conceptual frameworks for public access and the other former members of the Consortium are supportive of the nonprofit corporation model. What Action is Requested of the Cities The Consortium for Community Media memorandum of understanding expires June 30, 1997. Some members of the Consortium believe that if there is an interest by the various educational institutions and governmental agencies in developing a regional PEG access program using the nonprofit corporation model, then the Consortium should continue with a more focused scope of work to make PEG access a reality for all of San Luis Obispo County. The cities are requested Councils confer with its staff to determine if there is support this regional concept for PEG access and support continuing the Consortium to achieve that task. The Consortium will hold a meeting in July 1997 and all agencies supporting a regional approach and willing to participate financially in the Consortium must attend to discuss a new memorandum of understanding with a more focused scope of work that would become effective in July or August 1997. Joint Meeting of City Councils of San Lids Obispo County ��lowPublic,Education and Government(PEG)Acces on Cable Television i