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SUPPORT YOUR FREEDOM OF SPEECH RIGHTS!

Here is current news & events regarding public access & other free speech stuff.

My definition of a free society is a society where it is safe to be unpopular.
Adlai E. Stevenson Jr. (1900 - 1965), Speech in Detroit, 7 Oct. 1952

Nobody can give you freedom. Nobody can give you equality or justice or anything. If you're a man, you take it.
Malcolm X (1925 - 1965), "Malcolm X Speaks", 1965

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June 4, 2009 
Posted by 
Candace Clement

With its most recent demonstration of “Comcastic” behavior, the cable giant is competing for yet another medal in the Sneaky Olympics. So in addition to having paid people to fill the seats at public FCC hearings on the future of the Internet last year, Comcast can now add slanted polling practices to its record.

Last week, Comcast put its employees to work phoning Vermont residents to ask them leading questions about their interactions with community television: Do they know one of the channels has a 25 percent surplus, and how much would they be willing to pay to support public access TV?

What’s behind Comcast’s phone-a-thon? Certainly not a civic-minded desire to work with community television providers and producers to create a better public TV. Had that been its motive, Comcast would have actually contacted at least one of the community television stations before dialing.

In fact, the data Comcast is collecting could help the company in its case to pull the plug on at least one PEG station, which it’s been attempting to do for months.

Vermont boasts some of the highest quality community television programming in the country – with groups like Chittenden County’s Regional Education Technology Network (RETN) and Burlington’s CCTV and the Center for Media and Democracy. RETN and CCTV rely on funds from cable providers like Comcast to supply educational programming to schools and run community media centers.

Community television channels (often referred to as PEG – short for public access, educational and governmental television) are one of the greatest independent media victories of the late-twentieth century. The way it works is simple: If a company wants to come in to your community and lay down wires for video service, like cable, they need to pony up some space for public access to the network. In exchange for letting them dig up your streets, you get a channel (or three) on the dial where you can put your own show.

But the channels are only part of the deal. Subscribers also pay a small franchise fee ($4.71 per month), which gets passed on to the organizations that providers like Comcast contract with to run the channels. That doesn’t add up to a lot of money for these facilities – especially in comparison with the $2.5 billion profit Comcast made in the last year.

However, the cable giant objects to funding certain equipment investments – especially those that help bring programming to new audiences on the Web. But innovative programming for online audiences is exactly what PEG stations need in order to grow in the 21st century. By trying to force PEG stations to focus exclusively on cable broadcast, service providers like Comcast are constricting PEG’s growth.

Now is precisely the time to grow viewership, not to restrict it to a single medium. And as the debate over how these funds are spent heats up in Vermont, Comcast’s characterization of its polling as an assessment of “the public access-related needs of the communities we serve in Vermont” is all too transparent.

So if you happen to get a call from Comcast asking you about public access TV, try asking them to call your local public access center if they want to understand the role these facilities play in Vermont communities. Or better yet, tell them that you’re pulling for them to beat AIG in The Consumerist’s “worst company in America” award.

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Worst Company In America CHAMPIONSHIP: AIG VS Comcast

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We know it was frustrating yesterday when our links went haywire and you couldn’t post your comments to the FCC. But look at it this way – so many people were trying to contact the FCC, our servers were having trouble keeping up with the rush.

Things are running smoothly now, so let’s keep flooding the FCC with requests for an affordable and open Internet. Please take action now.

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Obama: Don't Back Down on Net Neutrality

President Barack Obama has spoken out in favor of Net Neutrality. But special interests in Washington are claiming to the press that Net Neutrality is a non-issue.

Support Obama's stand for Net Neutrality »

Learn more at the SavetheInternet.com Blog »

Obama: YouTube Net Neutrality>>


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Alliance Members and Public Tell FCC: PEG Matters! Enforce the Law!


Alliance for Community Media
FOR IMMEDIATE RELEASE
Monday April 6, 2009

CONTACT:
Rob McCausland
202-393-2650

ALLIANCE MEMBERS TELL THE FCC THAT PEG ACCESS QUALITY AND AVAILABILITY MATTERS, AND THAT THE LAW SHOULD BE ENFORCED

WASHINGTON, D.C. (April 6, 2009) - Alliance for Community Media members and supporters from 36 states responded in force to the FCC’s request for comments regarding the Petitions for Declaratory Ruling filed in January, 2009. Over 700 responses came from a wide variety of sources, including local community organizations, media reform organizations, non-profit associations, city governments, and individuals.

“The strength, variety and volume of the comments show that communities across this nation value their local public, government and education channels and community media centers, and that the quality and availability of these services matter,” stated Matt Schuster, Chairman of the Board of the Alliance for Community Media.

The FCC requested the comments and replies in response to a Petition for Declaratory Ruling, filed by the Alliance and 14 other organizations, as well as similar petitions filed by the City of Dearborn and other Michigan municipalities and by the City of Lansing, Michigan. The Alliance petition outlines discriminatory delivery and treatment of PEG channels by AT&T’s U-verse system and seeks relief from these practices, which are contrary to federal law and FCC rules.  The Dearborn petition deals with practices by Comcast which adversely affect the availability of the local public, education and government channels.

Erik Mollberg, chair of the Alliance’s Indiana Chapter, summed up the issues in saying, “PEG access is required by law to be treated the same in quality, placement, accessibility and functionality as local broadcast channels on cable systems. It is very important that the provisions of the law be upheld and enforced, to preserve Congress’ intent of preserving localism, diversity and free speech.”

Michael White, General Manager of Bloomington Indiana’s public access channel, CATS, outlined the damage: “Specifically, the PEG portion of the U-verse is only offered in degraded resolution and without the capability for closed captioning.”

Other comments describe the value of PEG centers and channels in local communities.  For example, in Troy, Michigan, the Community Media Network trains the developmentally disabled to use video production equipment, and to produce programming themselves. CMN’s Executive Director Jay Wiencko said, “This is a great success story that should not be shamefully ‘hidden’ on some arbitrary channel number that would be totally obscured by hundreds of other commercial channels. Individuals, nonprofits, elected officials, houses of worship, schools, and civil service agencies have benefited broadly from our efforts to provide affordable programming that informs our constituent viewers, and in turn, enhances many lives.”

Providing SAP services for the visually impaired or for foreign language programs is another problem for U-Verse. Access Tucson’s program, Sun Sounds, which carries SAP on one channel to provide reading services for the visually impaired, would not be available through the U-Verse system. The Triangle Radio Reading Service in Raleigh, North Carolina points out that the elderly, blind, visually or otherwise print impaired cannot operate a totally visual menu. In order for them to access local PEG channels, they need to be available in the same manner as commercial channels.

Stephen Ranieri, Executive Director of Quote…Unquote, the Albuquerque, New Mexico public access center, states these practices are “in direct contradiction to the stated goals of the Commission to encourage more localism and diversity in media content. With the recent trends in media these goals are more important than ever and the PEG channels are becoming more essential to the attainment of this goal than ever before.”

In supporting the petitions, Jon Bartholomew of Common Cause stated, “These petitions will stop the harmful acts by AT&T, Comcast and others to make these channels hard to find, hard to tune, impossible to record on DVR, impossible to reach by channel surfing, impossible to add closed captioning or a second language, on-channel guides, and too expensive when placed on costly digital tiers.”

The Alliance wants to thank all of its supporters and members who took their valuable time to make their voices heard on these important issues. The record is clear: community media matters and the law should be enforced.

Links to the Petitions and the comments/replies can be found online at this FCC site.

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The Alliance for Community Media is a national membership organization representing more than 3,000 PEG access centers across the nation. Local PEG programmers produce 20,000 hours of new programs per week, and serve more than 250,000 organizations annually through the efforts of an estimated 1.2 million volunteers.


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While media technology has advanced in the 35 years since public broadcasting was created, the need has only grown for noncommercial, not-for-profit media, available free to the public with a mission to inform, educate, inspire and engage.
Public media includes more than just PBS and NPR. The term refers to all media outlets and formats whose mission is to serve the public, not to earn a profit. This noncommercial sector aims to educate, engage and inform audiences, and it offers an alternative to the mainstream, commercial media.

Public media includes:
•   
Community radio: stations that provide local coverage that's not available anywhere else;
•    Low Power FM: local, nonprofit radio stations that operate at 100 watts or less and have a broadcast reach of only a few miles;
Prometheus Radio Project, Media Access Project;
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Public access TV: channels that are used for public access, governmental or educational purposes, and one of the few broadcast venues open to average Americans; The Global Village CAT;
•    Independent publications: small-circulation magazines, newspapers and publishers;
•   
Satellite TV: Viewer-supported channels offering alternative programming;
•   
Internet: Soon any Web site or blog could have the reach of a TV or radio station, presenting a potentially revolutionary new outlet for public media.

Public media perform an essential service. LPFM and community radio stations provide information and perspectives often ignored by traditional radio. Public access TV channels allow citizens to watch their local governments in action and offer a valuable platform for free speech. Independent publications enrich our public dialogue by producing a vast range of news, information and opinion.
Public Media Under Threat

Despite their value, public media are under constant threat. They are chronically underfunded and under assault by lawmakers who would silence critical voices and cripple alternatives to the commercial media. Statewide franchising laws for cable television threaten to eliminate local public access channels, and recent postal rate hikes endanger the viability of independent publications.
We must look beyond short-term fixes. We need vibrant and sustainable public media that offer diverse fare, meet the needs of local communities and serve the public interest. And we need to ensure a steady stream of funding to protect public media from the whims of Washington.

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Assessing the Damage: Survey Shows That State Video Franchise Laws Bring No Rate Relief While Harming Public Benefits

July 8, 2008, Alliance For Community Media

Survey shows that state video franchise laws bring no rate relief while harming public benefits 

About the Survey

In May 2008, the Alliance for Community Media (ACM) initiated an online survey regarding the impact of state video franchise laws. Members of ACM and the National Association of Telecommunications Officers and Advisors (NATOA) from around the country participated in this survey.

There were 204 respondents from 33 states, representing public, educational and governmental (PEG) access television centers. Of those respondents, 140 (from 18 states) now have a state video franchise law in effect. This summary focuses on the responses from those with state video franchise laws.

Companies applying to operate under new state laws

• 68% of survey respondents report that new entrants (AT&T and Verizon) have applied for state franchises.?

• 52% report that their incumbent cable providers have applied for state franchises.
Impact on PEG Facilities and Services
Since the recent passage of state video franchise laws, many PEG centers already see a negative impact on their funding and operations, and a decrease in related services or benefits.

• About 20% of respondents report PEG funding decreases since the advent of statewide franchising (including communities in CA, FL, IA, IN, KS, MI, MO, NC, OH, TX and WI), while cable operators report record earnings.  In many communities, PEG funding that had been available for all PEG-related costs is now?restricted to capital purchases.

• Respondents from 17 communities in 8 different states report loss of access to PEG facilities managed by cable operators soon after state video franchise laws removed local obligations from those companies. In addition, Comcast used state franchise law as the excuse to close all of its PEG facilities in northern Indiana and southwestern Michigan in September of 2007, prior to distribution of this survey.

• 26% of respondents that had public cable drops in locations like libraries, schools and other public centers, and 41% of respondents in communities that had an Institutional Network connecting government facilities, educational institutions, and PEG facilities report the loss or reduction of those benefits (including communities in CA, CT, FL, GA, IN, MI, MO, NC, OH, TX and WI).  
more...
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Comcast Polling on Support for Public Access TV

The ongoing turf war battle between national telecom giant Comcast and Vermont's community access television stations is heating up again.

This week, Comcast has been polling Vermonters around the state in an effort to gauge if they watch community-access programming,

We've covered this issue in both "Fair Game" and Blurt for months. The issue first surfaced earlier this year when Comcast petitioned state regulators to absolve themselves from giving money to the Regional Education Technology Network (RETN) to provide educational programming on Channel 16 for parts of Chittenden County.

At issue is who should have a say over what PEG channels purchase and how they provide programming to the community.

That led to the two sides inking a deal to keep RETN funded while they hammered out their issues. It also led some local school boards to voice support for RETN. The Charlotte School Board has invited Comcast to answer questions about the ongoing RETN dispute, and Comcast plans to attend the board's upcoming meeting on Tuesday.

According to people polled who contacted Seven Days, the poll questions centered on the following topics:

  • How much they watched each channel in the last month?
  • How much they would be willing to pay to support the channels (the pollster asked the caller if they knew $4.71 of their cable bill went to support them)?
  • Did they know one of the channels had a 25 percent surplus?
  • Were they aware they could borrow equipment? If so, how often had they done so in
  • last 12 months? How likely is it they would do so in next 12 months?
  • How much would they be willing to pay extra on their cable bill so the channels could buy new equipment?

These questions are nothing new to the debate. Comcast has been objecting to funding certain equipment purchases made by PEG channels — largely items that allow the channels to create web-based programming or provide such programming to viewers. Comcast believes it should not be required to fund such items as they fall outside TV programming. PEG channels say they have community boards that oversee their operations and have OK'd these purchases based on the demands of people in the viewing area — not just cable subscribers.

"We do know that, despite netting $2.5 billion in profit in 2008 and significantly increasing its own capital spending over the past few years, Comcast is attempting to significantly reduce or eliminate funding for capital equipment in contract renewal negotiations around the state with access management organizations like RETN," noted Scott Campitelli, RETN's executive director and program manager.

Top officials at RETN and CCTV say they wish Comcast had approached them about the survey. RETN's executive director noted that hundreds of people have come out in support of public-access programming in recent months.

"RETN is always interested in hearing from the communities we serve. In fact, during the past few months hundreds of Vermonters signed petitions, passed resolutions, completed surveys, and wrote letters expressing support for the work we do," said Campitelli.

Campitelli was puzzled why Comcast would conduct a poll without first consulting the local organizations it contracts with to provide public-access TV.

Comcast spokeswoman Laura Brubaker said the survey was conducted as part of a statewide assessment of "the public access-related needs of the communities we serve in Vermont."

Brubaker said Comcast "routinely surveys our customers on a variety of topics, from products and services, to customer service, to public access programming, to ensure that we are meeting our customers' needs and providing them with the best customer experience possible."

Lauren-Glenn Davitian, executive director of CCTV and the Center for Media & Democracy, said Comcast should work more closely with local groups providing community access TV so the research provides meaningful results for everyone.

"While statistics and polls shed light on numbers of viewers and awareness of public, educational and government access, we typically measure success through the vitality of our centers and the diversity and involvement of community members, citizen activists and local leaders," said Davitian. "We know that our channels are valued because people in the community let us know."

As an example of community support, Davitian pointed to Rep. Linda Myers' (R-Essex) testimonial at the end of the "Channel 17 Update" agenda item. Click here to watch.

Interestingly , RETN learned last night that it had won theAlliance for Community Media's national award for Overall Excellence in Educational Access.

Meanwhile, Comcast is in an Internet deathmatch with AIG on The Consumerist to see who is the worst company in the U.S. Currently, AIG is in the lead.

"Comcast is in the final deathmatch for the second year in a row after losing to Countrywide in 2008," the site notes. "Will this be the year that the cable giant finally takes home the top honor? Or will WCIA newcomer and top-seeded company AIG continue its total domination?"

The winner gets its name engraved on the lucky golden poo trophy.

Can't wait for the results.

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Comcast Public Access News

Public access contracts with Comcast stalled

HOWARD WEISS-TISMAN, Brattleboro Reformer

Friday, June 5
BRATTLEBORO — Stalled contract negotiations between Comcast and Vermont's public access television stations are causing static between the parties.

Contracts with Brattleboro Community Television and Falls Area Community TV in Bellows Falls both expired last December.

Cable companies like Comcast are required by federal law to fund what's known as public, educational and govermental television stations, or PEGs, and the company has been honoring its responsibilities under the old contract.

But as digital video technology advances, and a generation brought up on YouTube becomes more comfortable both producing and relying on video, the stations are seeing a spike in interest. They say more funding is needed for public access station to keep up with the changing media landscape.

There are a number of issues that have developed between Comcast and Vermont's PEGs. And as is usually the case with contract talks, money is one of the main sticking points.

"We have given them a budget, but the gap between what we requested and what will be funded is what we are struggling with," said Brattleboro Community Television executive director Cor Trowbridge. "We are submitting a six-year plan and the negotiations are about how much of that we will be able to realize."

Trowbridge said video equipment has always been expensive and even before talks broke down, the station was running on a shoestring budget.

Now, as Comcast drags its feet toward resolving the contract issues, Trowbridge is struggling every month with outdated equipment, increased demands on the station and monthly expenses.

"We have been scraping by with the anticipation that we'd be signing a new contract before December 2008 and getting a new infusion of capital," said Trowbridge. "Now, here it is, and we are still waiting. We will continue to have to make choices between personnel and equipment as we go on."

Trowbridge was hesitant to say too much about how talks have progressed, adding that the negotiations are in a "delicate point."

She said it has been four years since the station received a check for capital purchases.

"Equipment gets old very quickly," she said. "Every time there is a large changeover in technology, these stations have to change over the whole way of operating and we are trying to do that."

Brattleboro's former contract lasted for eight years, and Trowbridge said the station is trying to be very deliberate with its demands.

"You get one chance to make it right because it is for an extended period of time," she said. "We have been planning this for so long. It never occurred to me that we would not have a new significant infusion of funding at this time."

Comcast spokeswoman Laura Brubaker said the company was working toward continuing the contract talks.

"Comcast is committed to ensuring that meaningful community access programming is provided for our customers in Windham County," Brubaker said. "Comcast contracts with individual access management organizations to run the day-to-day operations of our community access studios. We are currently in ongoing and active negotiations and are committed to reaching an agreement that meets the programming-related needs of the communities and protects our company's and customers' investment in community access."

One of the other sticking points in the contract talks is a proposal by Comcast to diminish the role the Vermont Public Service Board plays in resolving disputes between the PEGs and the company.

Cable companies are regulated by the Federal Communications Commission, though the PSB does play a role in protecting consumers in the state as the franchise authority for public access stations. The board also has established minimum standards for the cable companies.

David O'Brien, the commissioner of the Department of Public Service, said it was important for the PSB to mediate disputes between the two parties.

The PSB does not always side with the stations, and he said the board's ruling usually leaves one side unhappy.

The board's role, O'Brien said, is to protect the consumer, and sometimes that works out to the benefit of the cable company and other times to the PEGs.

Still, he hoped the outcome from the contract talks retains a fair way for the two sides to work out their differences.

"There is a balance that has to be walked and if anything having a third party to mediate I think is important," said O'Brien. "The role of the regulator should be to look at the statute, look at the rule and mete out what is fair and equitable. At least at the end of the day, people know there is a way to resolve their conflict and differences."

Corey Chase, the acting commissioner of the telecommunications division at the Department of Public Service, said he is watching contract talks all over the state.

The PSB is ready to step in if the talks completely stall but he said he has not been surprised by the tone of the discussions.

"We know there are active disputes between the PEGs and Comcast," he said. "But I think that is the nature of the relationship. Comcast is responsible to oversee the operations and the way the system is set up it is bound to be somewhat antagonistic. I would expect it to be complicated."

Falls Area Community TV executive director Suzanne Groenwold said the proposed changes to how the cable companies are allowed to manage the stations could lead to the closing of some of the smaller PEGs in the state.

"Comcast is trying to overwrite the rule. They are trying to reduce the power of the Public Service Board by having this new contract supersede the protection we now have," she said. "In the past, if they wanted to shut us down, they would have to go to the Public Service Board and the board would act as the judiciary branch. Now they are saying in the contract that if you don't abide by every item, then we can terminate you at any time."

According to Groenwold, the company is also demanding more information on the proposed purchases by the stations.

"We have a board and they are elected and they are the ones who have decided in the past what we purchase," she said. "There is a lot more micromanaging going on now. The are getting a little nit-picky."



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Imagination needed to save public access TV


 

Imagine cable television channels keeping you aware of all the local activities, events, policies and important decisions that affect your quality of life. Springfield offers that service, sort of. But how much longer the opportunity will exist is questionable.

The Dec. 11 Illinois Times feature, “Fringe Voices – the fading promise of public access TV” by Dusty Rhodes, focuses on Access 4, the Comcast public access channel. The channel’s “eclectic mix” of programming is certainly local, and there is plenty of room for a more visionary public affairs approach. I host a weekly “Citizens’ Forum” that interviews persons in key leadership positions. Throughout the week, other shows provide a wide variety of interesting and informative programs.

Access 4 could be a kind of CNN/PBS hybrid for the Springfield area. We are bombarded with an overwhelming amount of data and information, but rarely much knowledge. A cable channel dedicated to imaginative community programming can make the difference between a community stuck in second gear or a community reaching for the stars.

Achieving such a lofty goal, as challenging as it might be, is becoming ever more difficult. States, including Illinois, are allowing cable companies to override local municipal contracts. Comcast has closed studios in other locations. According to IT, a Comcast vice president suggests the cable company is continuing public access channels out of the goodness of its heart. The new state franchise law released cable companies from their pacts with municipalities, he says. 

For now, Comcast has elected to abide by its local contracts. Staff at Access 4, however, has been reduced, the supervisor position eliminated and production hours for creating shows have been cut back.

It is important that both Comcast and the community understand the mutual benefit of continuing, and improving, public access TV.

A weekly program schedule for Access 4 should be printed in Illinois Times and the State Journal-Register. An occasional highlight on particular shows should evolve.

Some attempt to determine viewership is needed. Perhaps Access 4 could be included in local Nielsen surveys, or the subject of a UIS survey or graduate thesis.

A community survives on the intelligence of its citizens, and the people chosen to serve in leadership positions. Being a citizen is hard work. While that includes good newspapers, good magazines and good books, wouldn’t it be a blast if we had an imaginative, informative and exciting local cable channel by the citizens of Springfield for the citizens of Springfield?

Bob Gray is co-founder and president
of the Citizens Club of Springfield.

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Opinion

By: Melissa Griffin
Special to The Examiner
5/6/09 7:54 PM

Supervisor Ross Mirkarimi has introduced a bill aimed at saving The City’s public-access television. Two teensy issues, though: It will increase monthly fees for Comcast customers and it might not actually save public-access television. At Tuesday’s Board of Supervisors meeting, the supes voted to postpone consideration of that bill for two weeks.

In exchange for the privilege of doing business here, each year cable companies (Comcast and Astound) pay 5 percent of gross revenues from San Francisco video operations into The City’s general fund. Last year, it received $8.6 million from Comcast alone.

In addition to the general-fund money, The City has negotiated extra contributions from cable companies to fund public-access television — called public, education and government fees. For example, Comcast had an agreement to pay $6.24 per year per customer for a total of $1.1 million in 2008-09, plus an additional $517,000 per year.

But back in 2006, the state Legislature passed the Digital Infrastructure and Video Competition Act that basically said to localities: You can keep that 5 percent fee for your general fund, but no more funky little side agreements. You are now limited to charging each franchisee 1 to 3 percent of revenue for PEG. And when that money comes in, the first 1 percent has to pay for “facilities” and the remaining 2 percent can only fund “facilities and activities.”

Because of the DIVCA, the local side agreements negotiated with Astound and Comcast will expire June 30. To ensure a continued funding stream, Mirkarimi’s proposed law would require the maximum 3 percent local contribution from Comcast and Astound.

Here’s where your cable bill comes in. The proposed 3 percent payment is more than Comcast is contributing now. And while the law does not require it, you can bet that Comcast will pass that cost along to its San Francisco subscribers to the tune of $2.35 per month, up from the current rate of $0.52. Granted, this is not the end of the world.

However, assuming the bill passes and we suddenly have lots of PEG funds, remember that DIVCA says we can only spend it on “facilities and activities.” (Damn lawyers.) According to a pre-DIVCA federal court case, this means that the money cannot be spent on “operations” — things like salaries, insurance and supplies that are essential to running a public-access program. Last year, the PEG operations budget was $836,000, so I think we can rule out a bake sale.

A vote on the law was postponed in order to find out whether there is any way to spend PEG funds on operations with a straight face, and why we need to impose the maximum 3 percent fee allowed by DIVCA, which will yield $5.4 million when the total PEG budget last year was $2.1 million.

Stay tuned.

The plan behind Proposition 1C on the May 19 statewide special election ballot is relatively simple: People are going to give us money in exchange for a chunk of our future lottery revenue. We think we can get about $5 billion right now to be paid back in the next 20 to 30 years. Technically, this is not a “loan” because if we don’t have lottery revenue, investors do not receive payouts.

True, the lack of guaranteed repayment along with our state’s abysmal credit rating means the interest rate will be so high it will be renounced by some religions. But hey, if you want people to gamble, there must be great prizes!

Prop. 1C uses that “bigger and better booty” theory to cater to another savvy investor: the lottery player. Right now, we can only spend 50 cents of every lottery dollar in prizes (Massachusetts spends 70), but Prop. 1C says “not less than 50 percent” of lottery revenue must be given back to players.

Infusing all this gambling into our gambling system naturally alarmed some folks because currently 34 cents of every lottery dollar goes to fund education. Last year, that amounted to $1.1 billion, which is about 1 percent of the state education budget. Prop. 1C removes that obligation and makes the $1.1 billion into a baseline amount that will be adjusted each year for population and inflation, and paid out of the state’s (heaving and ghostly) general fund.

Finally, note that Prop. 1C simply allows the “sale of future [lottery] revenues,” but does not limit the amount or terms of any deal. Five billion is what we are looking at today, but the governor’s 2008 plan was to raise $15 billion this way. So if Prop. 1C passes, this will not be the last time we use lottery money for a big payoff. You can bet on it.

Three things you should know about Prop. 1C:

1. This is the most important proposition for the immediate future of the state budget. Propositions 1A and 1B do not go into effect until 2011, and propositions 1D and 1E combined raise less than 1 billion dollars for fiscal year 2009-10, compared to the $5 billion dollars Prop. 1C could generate.

2. February’s state budget deal already assumes it will pass.

3. It’s probably not going to pass. A recent field poll shows that Prop. 1C is the least favorite measure on the ballot, with the support of only 32 percent of likely voters. It is fails, instead of a $9 billion hole, there will be a $14 billion dollar hole in the 2009-10 budget.

 
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Judge’s ruling supports City’s lawsuit against

Comcast over public access channels

Comcast cannot change PEG channels while FCC considers case

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Judge blocks Comcast's public access change

Andrew Sawmiller


Spinal Column Online

January 16, 2008 - A U.S. District Court judge has temporarily blocked Comcast from transferring local public, education and government (PEG) programming to the company's digital cable television service, which had been set for implementation yesterday, Tuesday, Jan. 15.

Judge Victoria A. Roberts issued an opinion on Monday, Jan. 14 that temporarily restrains and imposes a preliminary injunction on Comcast from making the switch.

The opinion states Comcast is prohibited from moving channels for PEG programming from their current location, or changing the format in which they are delivered to subscribers.

Roberts' ruling came in response to a complaint filed late last week by a pair of municipalities.

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- Comcast limits public access to FCC hearing by paying to fill seats

You have to give it to Comcast. They're nothing if not consistent. When they've been asked to reveal specifics of their controversial "network management" techniques that have BitTorrent using customers up in arms they really didn't want to talk about it. Now, as if to emphasize that point, they've found a way to control attendance of a FCC hearing that was open to the public.

In order to make sure they were playing to a more sympathetic audience, Comcast paid people off the street to attend, and even bused them to Harvard Law School. Once inside these people took up seats that would otherwise have gone to some of the people denied entry due to limited space. 
more...
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The Federal Communications Commission held a much noted and anticipated hearing in Massachusetts on Monday on the issue of net neutrality. Seating was limited but the hearing was open to the public. Comcast, a foe of net neutrality, decided to take advantage of the limited seating by paying people to sleep in the seats so that net neutrality supporters and others who wanted to watch the hearing would be left outside in the cold. Nice. 
more...
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Public access TV at risk: Loophole lets Comcast, others cut support

One of the hallmarks of the cable TV age in America -- local access channels broadcasting public meetings, community events and the occasional oddball citizen show -- may be in jeopardy in parts of Michigan as a result of a loophole in a cable franchise law that could wipe out much of the funding.  more...
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Grassroots Support? Or Astroturf?

Comcast acknowledges that it hired people to take up room at an F.C.C. hearing into its practices.  more...
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Comcast Closes Public Access TV Studios Across Northern Indiana

A year and a half after the enactment of the Indiana Telecommunications Reform Act of 2006, Comcast notified producers in South Bend, Hammond, Merrillville, Mishawaka, Plymouth, Goshen, and Portage -- and Edwardsburg, Michigan - that it would be closing production studios and playback facilities for public access TV. 
more...
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Time Warner Public Access News
Local Public Access TV Under Attack From Trio of Congressional Bills
Local public access television across the United States is being threatened by legislation introduced in both the U.S. Senate and House of Representatives. Critics say the bills could eliminate the only source of funding public access providers receive and would take away control from local governments. We speak with Anthony Riddle of the Alliance for Community Media and George Stoney, who many consider the father of public access.  more...
Time Warner drops public access channel 21
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CLEVELAND HEIGHTS Time Warner Cable will stop broadcasting its public access channel on May 1.  more...

Dear Public Access Producer
The City of San Antonio would like to provide an update on the status of the Public Access Channel. As you know, Time Warner Cable unilaterally dropped Public Access Channel 20 from its network on January 5, 2006. Currently, the City is in discussions with Time Warner Cable to return the Public Access Channel 20. The City disagrees with the basis under which Time Warner Cable has dropped the Public Access Channel from its network, and maintains that Time Warner Cable should return Channel 20 to the community.  more...


April 4, 1:49pm

Local government organizations representing municipal and county officials across America today asked the Federal courts to reverse the recent franchising order adopted by the
Federal Communications Commission (FCC) that would severely restrict the ability of local governments to protect their citizens, rights-of-way, community channels and public safety networks. In addition, the FCC order would lead to a tremendous reduction in the revenues received by local governments for use of their rights of way, as well as loss of cable services to many governmental buildings and schools.

The formal Petitions for Review filed today said the FCC order “exceeds the FCC’s statutory authority,” is “arbitrary and capricious,” “an abuse of discretion, unsupported by substantial evidence, and in violation of the United States Constitution.” The FCC order also “violates both the Communications Act and Administrative Procedure Act’s public notice requirements,” according to the Petitions.

Organizations participating in the court challenge to the FCC order include the
Alliance for Communications Democracy (ACD), Alliance for Community Media (ACM), National Association of Counties (NACo), National League of Cities (NLC), National Association of Telecommunications Officials and Advisors (NATOA), and The United States Conference of Mayors(USCM).

According to these groups, the repercussions of the FCC’s order are far-reaching and extreme on numerous fronts. Local governments want competition in the video marketplace, but the FCC’s order ignores local interests, provides regulatory advantages for a few of the largest telecommunications companies in the country, and is simply contrary to law in many respects.

Local government representatives also expressed concern over the loss of protections for their residents if the FCC order were to stand. According to these officials, the order provides little recognition of the need by local governments to protect public rights of way, and to ensure that all their citizens benefit from increased competition and advances in telecommunications technology – not just a chosen few.

For more information, contact:
ACD: Barbara Popovic, 312-738-1400
ACM: Executive Director, 202-393-2650
NACo: Jim Philipps, 202-942-4220
NLC: Sherry Conway Appel, 202-626-3003, or Carolyn Coleman, 202-626-3023
NATOA: Steve Traylor, 703-519-8035
USCM: Elena Temple, 202-861-6719



Bill of Rights Institute

 www.BeingAnAmerican.org


State Policy Tracker - Keeping tabs on media and telecommunications legislation across the country.

With Congress unable to reach an agreement on sweeping changes to the nation’s communications laws, the debate is shifting to the states. Laws being crafted now — under intense pressure from media industry lobbyists — will profoundly impact the future of the Internet, cable TV and local media. Issues like Net Neutrality, bridging the digital divide and public access TV are at stake.

Contact Your State Representatives and urge them to support media policies that serve the public interest.

Now is the time for the public to get involved to make sure this legislation is written with the public interest in mind. 

The Free Press State Policy Tracker  - Keeping tabs on media and telecommunications legislation across the county.  Find out what is happening in your state.  Be an activist.