HomeMy WebLinkAboutAgenda Report - December 21, 2011 C-17AGENDA ITEM C40' 07
I& CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter in Support of
H.R. 1746,the "Community Access PreservationAct"
MEETING DATE: December21,2011
PREPARED BY: City Manager
RECOMMENDEDACTION: Authorize the Mayor, on behalf of the City Council, to send a letter in
support of H.R. 1746, the "Community Access Preservation Act."
BACKGROUND INFORMATION: For several decades, local cable franchise operators were required
to pay the cost of operating the Public, Education and Government
(PEG) channel within the City of Lodi as part of their local
franchise agreements. Following enactment of the State Digital Infrastructure and CompetitionAct of
2006 (DIVCA), cable operators could opt for a State franchise, ratherthan negotiate with local
governments, and not be required to providethat staffing support.
While the City's benefit under DIVCA is the ability to collect a 1 percent fee to fund PEG operations, the
law does not allow those dollars to fund operation costs, such as paying for a camera operator at City
Council meetings. DIVCA defers to federal law in defining allowable PEG expenses, and federal law
limits these to capital costs. As a result, Lodi's General Fund now supportsthe cost of a camera operator
following Comcast's transition to a State video franchise.
City staff previously approached our local State representative seeking a change in DIVCAto allow for
operating expenses, but without success.
Earlierthis year, U.S. Reps. Tammy Baldwin (D-Wisc.) and Steve LaTourette (R -Ohio) introduced H.R.
1746, the CommunityAccess PreservationAct (CAP Act). The legislation, if adopted, would allow PEG
funds to be used for operating expenses, prevent operators from discriminating against PEG channels,
and make it clear that any entity that provides video services via facilities in the right-of-way is subject to
the Cable Act's franchising requirements.
The Mayor recently received a letter signed by the mayors of Dublin, Livermore, Pleasanton and San
Ramon asking to join them in support of the CAP Act. The bill would provide a benefitto the residents of
Lodi by allowing the City to use PEG funds for PEG operations instead of the General Fund and by
increasing City flexibility to use these dollars to increase the amount of local programming on local
access channels.
PEG funding to date has supported improvementsto the audio/video facilities at the Carnegie Forum and
equipment needed to broadcast City Council meetings over AT&T's U -Verse system.
APPROVED: 11
`�onradt Wairtlam, City Manager
Authorize the Mayor, on Behalf of the City Council, to Send a Letter in Support of H.R. 1746, the
"CommunityAccess Preservation Act"
December 21,2011
Page 2
FISCAL IMPACT: Enactment of H.R. 1746 into lawwill directly reduce General Fund
expenses by approximately $2,000 per year (cost of staffing camera
operator to broadcast City Council meetings).
FUNDING AVAILABLE: Not applicable.
f
o
/Communications Specialist
Attachment: Letter of support
CITY COUNCIL
JOANNE MOUNCE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
LARRY D. HANSEN
BOBJOHNSON
PHIL KATZAKIAN
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702/ FAX (209) 333-6807
www.lodi.aov citvclerk0lodi.9o_v
December 21, 201 I
The Honorable Jerry McNerney
1210 Longworth House Office Building
Washington, D.C. 20515
SUBJECT: H.R. 1746 — The Community Access Preservation Act ("CAP Act")
Dear Representative McNerney:
KONRADT BARTLAM
City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
On behalf of the City of Lodi, I write to express our strong support for H.R. 1746, the Community
Access Preservation Act ("CAP Act") and urge you to sign on as a co-sponsor of this legislation.
The CAP Act protects Public, Education and Government (PEG) channels, which provide an important
service in bringing local government and other programming that otherwise would not be available to
communities.
Due to a lack of adequate federal protection, PEG television was severely affected in 23 states that
passed statewide/state-issued cable franchising laws. These laws have had serious negative
consequences for PEG television. One of these is changing the ability to use already allocated fees to
support ongoing operations. Although these fees continue to be collected from subscribers by the cable
operators, they are now designated for capital costs only, eliminating the ability to use them for
operational overhead. The CAP Act is the Congressional remedy for this funding obstacle as it removes
the distinction between capital and operational use.
In Lodi, the transition of Comcast from a local to state franchise agreement in 2009 has meant the City
of Lodi's General Fund is required to provide financial support in order to continue broadcasting City
Council meetings. This new expense comes at a time when the City's General Fund is under pressure
due to declining revenue.
H.R. 1746 is supported by the National League of Cities, National Association of Counties and the
United States Conference of Mayors, the National Association of telecommunications officers and
Advisors, American Community Television, as well as several state municipal leagues.
I urge you to supportthe CAP Act. Thank you for what you can do to help support local PEG channels,
which play a major role in providing government transparency to American communities.
Sincerely,
JoAnne Mounce
Mayor