TO:
Honorable Mayor and Members of the City Council
THROUGH:
Mark Danaj, City Manager
FROM:
Bruce Moe, Finance Director
Leilani Flores Emnace, Information Systems Manager
SUBJECT:Title
Government Access Channel Broadcast Capabilities (Finance Director Moe).
RECEIVE REPORT; DISCUSS AND PROVIDE DIRECTION
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council: a) receive the report, and b) discuss and provide direction.
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FISCAL IMPLICATIONS:
There is no fiscal impact associated with the recommended action.
BACKGROUND:
Through the two incumbent cable television franchisees (Time Warner and Verizon), the City provides community (Government) television to the residents of Manhattan Beach. The City utilizes Time Warner Channel 8 and Verizon Channel 35 to broadcast (and re-broadcast) City Council and Planning Commission meetings, as well as other special events such as Mayor's Town Hall meetings. Additionally, other content advertising City events and activities are programmed. The City is the programming authority for these channels (the same content is run concurrently on both channels). In technical terms, these are "Government" channels (as opposed to "Education" or "Public" channels, described further below).
In response to questions and requests the City Council has received, staff was directed to present information on the City's public access channel broadcast capabilities to provide a framework for discussion and further research.
DISCUSSION:
Public-Education-Government Television
Cable television Local Access Channels are mandated by the Federal Communications Commission (FCC). Local Access Channels include Public, Education and Government (PEG) channels. Pursuant to Section 611 of the Communications Act, local franchising authorities (such as the City) may require cable operators to set aside channels for PEG use with the following definitions:
· Public access channels are available for use by the general public. They are usually administered either by the cable operator or by a third party designated by the franchising authority. The City of Manhattan Beach currently does not have any Public access channels on Time Warner or Verizon.
· Educational access channels are used by educational institutions for programming. Time on these channels is typically allocated among local schools, colleges and universities by either the franchising authority or the cable operator. In Manhattan Beach, the School District broadcasts Board meetings on Time Warner Channel 45 and Verizon Channel 36.
· Government access channels are used for programming by local governments. In most jurisdictions, the local government directly controls these channels. In Manhattan Beach, these are Time Warner Channel 8 and Verizon Channel 35.
In the past, California local governments entered into individual franchise agreements with local cable providers which required PEG channels, defined franchise fees and PEG fees to be paid, in-kind support (such as studio space for original content production and assistance with broadcasting of meetings and events), and other matters deemed to be of local interest and control.
By 2006, the City of Manhattan Beach had two companies franchised to provide cable television service - Time Warner and Verizon. At that time, the local PEG revenues and in-kind support provided a certain level of local cable television programming on Government Access Channels, not only in Manhattan Beach, but in communities across the State.
However, the landscape changed dramatically in 2006 when the State Legislature adopted AB 2982, the Digital Infrastructure and Video Competition Act (DIVCA). This act pre-empted local cable franchising rights and replaced it with a State Franchise for each provider. DIVCA defined a fixed and uniform level of franchise fee, 5% of gross revenues, and while still requiring PEG channels, allowed local jurisdictions to levy a PEG fee of just an additional 1% with there being no requirement for any in-kind services (in 2008, the City adopted Ordinance 2116 which conformed the City's cable requirements to those of the State Franchise and imposed the local option 1% PEG fee).
The requirement for PEG channels under DIVCA stated that the PEG channels shall be for the exclusive use of the local entity or its designee to provide public, educational, and government channels. The PEG channels shall be used only for noncommercial purposes. However, advertising, underwriting, or sponsorship recognition may be carried on the channels for the purpose of funding PEG-related activities.
As DIVCA was implemented, cities across the State began to modify their cable television activities in response to less funding being available and the withdrawal of in-kind services by the cable companies as local franchise agreements expired and the State Franchises became effective.
Manhattan Beach Programming
The programming currently provided on the Manhattan Beach Local Community Cable Channel as a Government Access Channel (e.g., Time Warner Channel 8 and Verizon Channel 35) is comprised of the live broadcast and repeat broadcast of City Council and Planning Commission meetings, other City meetings and special events (see Attachment 1). In between scheduled programming, City related meeting announcements appear as slides. On November 5, 2013, the City Council received a report on the operation of the Manhattan Beach Local Community Cable Channel (see Attachment 2).
The City of Manhattan Beach does not currently have a Public access channel. According to DIVCA, in order to maintain Public access channels, local entities (cities) must broadcast eight hours of original (city-produced) non-duplicated content daily. If not, the channel may no longer be available to the local entity and may be programmed at the carrier's discretion. Time Warner Channel 54, which was the Public access channel, was reclaimed by the carrier due to a lack of required programming. Staff contacted other local municipalities and found that most cities no longer have a Public access channel for the same reason. However, if at any time the local entity can produce, and certify to the carrier a schedule for at least eight hours of daily programming, the carrier shall restore the Public Access Channel. It is important to note that if that were to occur, the City would need to research and invest in additional technical equipment and capabilities in order to effectuate broadcasting.
Policies
If the City chooses to provide outside groups with programming opportunities either through a reinstituted Public access channel or expanded use of the Government channel, policies will play a key role in appropriate programming. Such policies may be applied to Public and Government channels, and will ensure appropriate use of each local channel.
The adoption of a policy will establish procedures designed to present programming on government issues and services to the public and perform related video communication services for the City of Manhattan Beach. The policy would include the following:
· Mission Statement (Purpose)
· Objectives (Definitions)
· Channel Administration
· Equipment Policy
· Technical Standards
· Types of Programs
o Public Meetings
o City Programs
o Government Agency Programs
o Outside Programming
o Emergency Message
o Bulletin Board (Public Service Announcements)
o Special Events
· Program Requests, Eligibility and Approval
· Content Restrictions
o Political Use of Government Channel
o Commercialism
o Product Endorsements
o Defamatory Material
o Obscene or Indecent Matter
o Copyright Considerations
· Program Retention
Other Issues for Consideration
In addition to the access and policy issues, there are other considerations in expanding local programming:
1. Human Resources: The City may need to consider additional resources (staff or contract) to support an expansion of broadcasting and/or content creation, depending upon the level of service. At a minimum, staff will be needed to review outside video content submittals, create and/or review Public Service Announcements, and schedule broadcasts. Cities with extensive broadcast programs such as City of Torrance and Santa Monica have dedicated staff.
2. Funding: Depending upon the level of new programming, the City may need to identify funding sources to support expanded broadcasting. PEG funds may continue to be used to purchase broadcast equipment, but may not be used for labor and maintenance costs.
3. Content Creation: If the Public access channel is to be reinstated, 8 hours per day of original programming must be maintained. Further, if the City wants to create more content such as broadcasting of other City meetings and events, consideration must be given to adequate staffing and funding. The City does not have a studio to support production of programs; however, it may be possible to utilize a neighboring city's (Lawndale) studio to create programming. Another option to create content would be to contract with commercial production companies.
4. Ability to Broadcast Content (Public Access Channel): In order to broadcast content on a Public Access Channel, the City will need to invest in additional technical facilities. This is due to the fact that the Time Warner studio space and equipment (previously located in Hermosa Beach), which allowed for content creation and broadcasting under the previous franchise, is no longer operational. This requirement would need to be further analyzed and researched for scope and cost estimates.
CONCLUSION:
The City provides limited cable programming utilizing Time Warner and Verizon Government channels. Expanding broadcast programming will require policies and guidelines establishing the parameters of cablecast. Additional programming, whether Government or Public access, may also require additional resources (human, infrastructure, technology, facility) depending upon the level, complexity and volume. If designating a separate Public access channel is City Council's direction, the City will need to work with the carriers in assigning and implementing the channels provided the broadcast requirements of eight hours daily programming are satisfied.
Staff recommends that the City Council: a) receive report and b) discuss and provide direction.
Attachments:
1. City of Manhattan Beach Government Access Channel Broadcast Schedule
2. 13-0481 Staff Report November 5, 2014 City Broadcast Capabilities