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HomeMy WebLinkAbout1993-04-27 - AGENDA REPORTS - CABLE ACCESS (2)AGENDA REPORT City Manager Apprc Item to be presented UNFINISHED BUSINESS DATE: April 27, 1993 SUBJECT: CABLE ACCESS PROGRAMMING DEPARTMENT: Public Works At the March 9, 1993 meeting, Public Works staff presented Council with two cable programming options for consideration: Public, Education, and Governmental (PEG) and; Local Origination (LO). At that time, Council directed staff to establish cable access programming goals and objectives, analyze the Federal Communication Commission (FCC) anticipated guidelines with regard to PEG Programming and report such finding back to Council. Following the January 26, 1993 meeting, Council directed staff to obtain public input with regard to cable. access programming. Since that time, staff has conducted: two public participation meetings; presentations to the Santa Clarita Valley Chamber of Commerce, Economic Development Committee and the Santa Clarita Valley Democratic Club and; meetings with Los Angeles County Cable Franchise Administrator, local cable operators and City Attorney. Additionally, staff distributed a community questionnaire with regard to cable access through the Signal Newspaper. As staff's March 9, 1993 report to Council indicated, both PEG and LO programming options have the capacity to provide residents with community programming, a Community Cable Advisory Committee, the broadcasting of Council, Commission and other governmental agency board meetings, the production of educational programming and studio facilities. There is, however, one specific aspect which differentiates PEG and LO, this being content control. If the City chooses to facilitate an access channel which provides for PEG programming, the City will be afforded little ability to control content which is aired for broadcast. If the City chooses to facilitate an. access channel which provides for LO programming, the ability to exercise content control would be afforded to the City's two local cable operators. LO is produced by the local cable operators whom, unlike the City, are not constrained by the First Amendment and have the ability to review prospective programming and choose what will and will not be broadcast. AfflfloyEl Agenda Items Cable Access Programming April 27, 1993 Page 2 On April 2, 1993, the FCC issued a press release further defining the scope of the cable operator's authority to control PEG programming. While the actual FCC Order will not be available until it has been published in the Federal Registrar, publication is expected any day. According to the City Attorney, the cable operators authority to control PEG programming is limited to three specific areas, material deemed to be obscene, sexually offensive, and promoting unlawful conduct. Obscene PEG programming is defined by the FCC according to the existing definition in the U.S. Supreme Court case of Miller v. California. This means a program is deemed to be obscene if it appeals to a "prurient interest," and if taken as a whole, it lacks "serious literary, artistic, political or scientific value" based upon "contemporary community standards." The FCC used a similar approach in defining what would be considered "sexually explicit" and "promoting unlawful conduct" PEG programming. While these FCC standards provide the cable operator with some ability to control PEG programming, according to the City Attorney, the validity of these FCC regulations is in substantial doubt, as the FCC's recent order implementing 1992 Cable Act Provisions dealing with obscene programming on PEG access channels appears headed for court. While the FCC Guidelines appear to provide the cable operator with some potential increased ability to control PEG programming content, staff strongly believes through the establishment of "Safe Harbor" time periods for adult programming and cable operator FCC approved controls, that the City can implement a PEG programming option consistent with the goals and objectives of the Community. It is staff's understanding that Access Sacramento is the largest PEG programming facility. in California, serving approximately 207,000 cable subscribers. According to Ron Cooper, Executive Director of Access Sacramento, while controversy is. possible every single day, 99.9 percent of their programming is a mirror of the community that their residents are proud of. Further, since Access Sacramento inception in October of 1986, of the more than 8000 programs aired, only two have been considered controversial. Staff, with the assistance of King Videocable and ATC Cablevision, have researched the option . of providing residents with a PEG "Lock -out" option. Staff has identified three such options, they are: 1) Residents may request the cable operator to provide an "Addressable Box" which can be programmed to lock -out a specific channel (this option represents a monthly cost of $3.15 for ATC customers, $4.25 for King customers); 2) residents may request a Trap System be installed, permanately blocking out such a PEG channel (represents a one-time cost of approximately $35.00) and; 3) many new model televisions are programmed with the capacity to lock out specific channels and can be easily programmed to do such. Cable Access Programming April 27, 1993 Page 3 Lastly, with regard to the County's existing cable franchise agreement with King Videocable and ATC Cablevision, if Council directs staff to implement an LO option, such direction will require negotiations with the County of Los Angeles and a re -negotiation of the City's existing Cable Franchise. RECOMMENDATION That Council: 1) receive staff's report discussing both PEG and LO Programming options and; 2) direct staff to implement PEG Programming option with the understanding that staff review this option one year after implementation of PEG Programming in order to ascertain if this option is consistent with the Community's Goal's and Objectives. ATTACHMENTS Cable Access Programming Goals and Objectives /kmt fAhome\agendaslpegagend.2 CITY OF SANTA CLARITA CABLE ACCESS PROGRAMNIING GOALS AND OBJECTIVES MISSION STATEMENT To work jointly with the Community and Cable Operators to establish and provide an acceptable standard of Cable Access Programming, in accordance with both the provisions outlined within the City's Cable Franchise Agreement and the expressed desires of our citizenry. CITY/COMMUNITY OBJECTIVES • Enhance and broaden the exchange of new information and ideas through the establishment and implementation of PEG Access Programming within the Santa Clarita Valley • Provide for the broadcast of City Council, Park and Recreation, and Planning Commission Meetings; additionally; explore option to televise School and Water Board Meetings • Establish a Community Cable Advisory Committee • Identify Community comfort levels with respect to potential adult programming, and the time and manner in which programming of this nature may be broadcasted. • Establish and provide the Community with a free Production Training Programming • Establish and make available to the Community a Studio Facility, for the production of potential PEG Programming • Implement PEG Programming for a one year trail basis. At the conclusion of the fust year, conduct a joint City/Cable Operator City-wide survey to ascertain the Community's feelings toward the system • Research and provide PEG Programming lock -out options. Current options include: 1) Cable operator provided lock box (represents monthly cost to user); 2) Trap system (represents one-time cost); 3) Identify current televisions with available channel lock -out options. • Establish Community Standards consistent with'FCC Regulations for obscene material, sexually explicit conduct or material soliciting or promoting unlawful conduct. 0 Establish a Dispute Resolution Process.