HomeMy WebLinkAbout06/05/1997, 8A - PUBLIC, EDUCATION AND GOVERNMENT (PEG) ACCESS ON CABLE TELEVISION Ci ,.y of Morro Bay
- _ MORRO BAY, CALIFORNIA 93442
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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.
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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
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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
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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
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