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HomeMy WebLinkAbout2009-11-24 - AGENDA REPORTS - FED LEGISLATION HR 3745 (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: November 24, 2009 FEDERAL LEGISLATION: H.R. 3745 City Manager's Office RECOMMENDED ACTION City Council adopt resolution in support of H.R. 3745, and direct staff to transmit copies of the resolution to Representative Baldwin, Representative McKeon, Senator Feinstein, and Senator Boxer, appropriate congressional committees, and administration officials. BACKGROUND On October 7, 2009, Congresswoman Baldwin of Wisconsin introduced federal legislation H.R. 3745, entitled the Community Access Preservation (CAP) Act of 2009. The CAP Act would help to address financial challenges faced by public, educational, and governmental (PEG) television channels such as SCVTV Channel 20. Historically, the funding for and broadcast of PEG channels have been negotiated as part of local franchise agreements between cable companies and local franchise authorities. However, 23 states, including California, have enacted telecommunication laws that establish state -level franchise authorities. As a result of the recent state-wide agreements and a lack of adequate federal protection, public television programming faces significant broadcast and funding obstacles. Federal and State law requires video service providers to allocate one percent (1%) of their annual gross revenues to municipalities to support public television programming. However, the law restricts the use of the funds to only items of a capital nature. As a result, since the beginning of 2009, more than 50 public television studios in the southern California region have been closed as a result of inadequate funding. -Adopi ►: -RC5�3 . Oq - % Since January 2009, the City Council has made an investment of more than $445,000 and have created a Joint Powers Authority in support of continued operation of SCVTV Channel 20. To date, of the $445,000 appropriated by Council, approximately $205,000 has been spent on the purchase of new equipment, $75,000 for SCVTV administrative and operating purposes, and approximately $60,000 for the lease and maintenence of the SCVTV facility. H.R. 3745 would allow PEG funds, currently restricted for capital uses only, to be used for any PEG -related purpose, such as the personnel or operation and maintenance costs associated with the daily operation of a public television studio. If enacted into law, H.R. 3745 will allow the City to relieve the General Fund from potential future costs associated with supporting Channel 20 operations. H.R. 3745 is supported by a number of entities, including the League of California Cities, the Alliance for Community Media (ACM), and the National Association of Telecommunication Operators and Advisors (NATOA). The bill has been referred to the House Committee on Energy and Commerce and is awaiting consideration at a yet -to -be -determined date. ALTERNATIVE ACTIONS 1. Oppose H.R. 3745. 2. Other action as directed by the City Council. FISCAL IMPACT The actions associated with the adoption of the Resolution require no additional financial resources beyond those already contained within the City's adopted FY 2009/2010 budget. ATTACHMENTS Resolution MW RESOLUTION NO. 09- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, SUPPORTING H.R. 3745, REGARDING THE COMMUNITY ACCESS PRESERVATION ACT OF 2009 WHEREAS, historically, the funding for and broadcast of public, educational, and government (PEG) channels have been negotiated as part of local franchise agreements between cable companies and local franchise authorities; and WHEREAS, 23 states have enacted new telecommunication laws that establish state -level franchise authorities; and WHEREAS, as a result of the recent state-wide agreements and lack of adequate federal protection, some PEG channels face significant broadcast and funding obstacles; and WHEREAS, PEG channels connect residents with their local government, local school districts, and community sporting events, not otherwise available on broadcast television; and WHEREAS, PEG stations and channels are locally funded, and federal law and a number of state laws do not require dedicated funding beyond an "adequate assurance of financial support;" and WHEREAS, residents of Santa Clarita derive a significant benefit from the availability of locally produced public television and have been served by SCVTV for almost 15 years; and WHEREAS, the City Council of the City of Santa Clarita has made an investment of more then $445,000 since January 2009 and have created a Joint Powers Authority in support of the continued operation of SCVTV Channel 20; and WHEREAS, H.R. 3745 would address the immediate issues facing PEG channels by allowing PEG fees to be used for any PEG -related purposes and require the Federal Communications Commission to study the effect state video franchise laws have had on PEG channels; and WHEREAS, the City of Santa Clarita, believes that H.R. 3745 will enable the City to relieve the General Fund from potential future costs associated with supporting. SCVTV Channel 20 operations. NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows - SECTION 1. H.R. 3745 is an equitable proposal to all parties and in the best interests of the residents of the City of Santa Clarita; and SECTION 2. H.R. 3745 shall be supported by the City of Santa Clarita; and SECTION 3. Copies of this resolution shall be transmitted to Representative Tammy Baldwin, Representative Howard P. "Buck" McKeon, Senator Barbara Boxer, Senator Dianne Feinstein, appropriate congressional committees, and administration officials. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 24th day of November, 2009. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) 1, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 13th day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK y STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution No. 09 -XX, adopted by the City Council of the City of Santa Clarita, California on November 24, 2009, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of , 20_. Sharon L. Dawson, MMC City Clerk By Susan Caputo, CMC Deputy City Clerk 3