HomeMy WebLinkAbout12.A. Community Access Preservation (CAP) Act
/2.A,
. City of Shakopee
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: John Peterson, Telecommunications Coordinator
SUBJECT: Community Access Preservation (CAP) Act
DATE: December 29,2009
Introduction
The City Council is asked to approve the attached letter to the City's Congressional delegation
regarding the Community Access Preservation Act.
Background
The CAP Act, introduced in the u.s. House of Representatives as HR 3745, was developed in
partnership with the National Association of Telecommunications Officers and Advisors
(NATOA); an organization to which the City belongs. Representative Tammy Baldwin (WI-02)
filed the bill on October 8th. This bill was designed to provide targeted changes to the
Communications Act of 1934 that would help resolve some of the issues facing community
. media/PEG across the country by:
. Allowing PEG fees to be used for any PEG-related purposes rather than just
capital expenditures;
. Requiring PEG channels to be carried in the same manner as local broadcast
channels;
. Requiring the FCC to study the effect state video franchise laws have had on PEG
channels, and requiring operators to provide the greater of the support required
under state laws, or the support historically provided for PEG; and
. Making cable television-related laws and regulations applicable to alllandline
video providers.
Recommendation
The Telecommunications Advisory Commission (TAC) directed its chair and staff to develop the
attached letter to Representative Kline and Senators Klobuchar and Franken asking them to
support and/or co-sponsor the CAP act. The TAC is seeking Council's approval to send the letter
on behalf of the City, under the Mayor and TAC chair's signatures.
Action Requested
Authorize the Mayor and Telecommunications Advisory Commission Chair to send a letter to
Representative Kline and Senators Klobuchar and Franken urging their support, and if possible,
to co-sponsor the Community Preservation Act, HR 3745, and to work for its rapid passage.
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Page 1 of 1
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Date
Name
Address
City, State Zip
Dear [REP / SENATOR]:
Weare writing on behalf of the City of Shakopee to urge you to support, and if possible, co-sponsor
the Community Access Preservation Act, HR 3745, and to work for its rapid passage.
Public, educational and government channels are important to our community. They provide a
valuable outlet for programming about our community that is available nowhere else. In Shakopee,
we are fortunate to offer residents public access and government access channels operated by the
City and an education access channel operated ,by the school district.
Shakopee Public Access provides residents and businesses of the Shakopee cable franchise area free
use of a variety of video production equipment for the sole purpose of producing or submitting
. programming to be cablecast on Shakopee Public Access Cable Channel 15 . Our free video
equipment is most often used by parents of children attending the local schools and participating in
sports and other school activities. They highlight and recognize the achievements of our younger
residents and help to build community relationships, as neighbors and friends can follow and be part
of the activities of our youth. Our next level of usage comes from residents who tape local city
events and submit the video for cablecast on our public access channel. The community really
enjoys seeing these events on our city channel especially when they are not able to attend them in
person.
The City of Shakopee also operates Shakopee Government Access, Cable Channel 16, which exists
to increase residents' access to local government meetings and information. Providing live cablecast
and taped replay of City, County, School Board and Utility Commission meetings is a huge benefit
for the members of the community that have a vested interest in their local government.
Like most government entities, the current economic downturn has required us reduce our services
to help keep our local budget balanced. At the start of2009, we cut back on staffing for public
access equipment rental and troubleshooting. While residents can check out equipment at the local
Community Center, they don't always have access to telecommunications staffto help them with
problems or equipment training. Instead, they have to wait for assistance during regular business
hours. That is of little help for residents who are taping something that night or if their work
schedules won't allow them to come in between 8 a.m. and 4:30 p.m. Unfortunately, the City may
have to look at additional cuts until the economy takes a positive turn. Having more flexibility with
. how we could use PEG fees, would allow us to at the very least maintain what we currently offer or
.
possibly even expand the times that telecommunications staff would be available to assist members
of the public.
Another area the proposed legislation would address is making sure public, government and
educational access channels would all be carried in the same manner as local broadcast channels
meaning they would be available in the basic cable channel tier and preferably on a lower channel
number. At this time, Shakopee is fortunate to have its channels offered in the basic cable tier and to
have channel numbers immediately following local broadcast channels. Unfortunately, we have no
guarantee that this practice will continue in the future. We would oppose the idea of moving PEG
access to a higher cost tier requiring users to purchase at minimum a digital receiver. We would also
oppose combining our channels into one where viewers would have to access numerous submenus
to find the public, educational or government access channel they want.
The problems that HR 3745 seeks to address are immediate, real and significant, and threaten the
survival of PEG channels here and elsewhere. Congress has recognized the severity of the
challenges facing PEG in hearings held over the last year and a half, and members have been urging
the FCC to take action to protect PEG. However, while some of the issues facing PEG can be
addressed by the FCC, or by the courts, we simply do not have the resources or the time to engage
in protracted legal battles. We ask that you act to preserve PEG through Congressional action on
. HR 3745.
Sincerely,
John J. Schmitt
Mayor, City of Shakopee
Bill Anderson
Chair, Shakopee Telecommunications Advisory Commission
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