Loading...
HomeMy WebLinkAbout4.04 Amend Communications Act of 1934 STAFF REPORT CITY CLERK File #660-50 CITY COUNCIL DATE:October 6, 2015 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Resolution Supporting an Amendment of the Communications Act of 1934 Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: Community television stations provide transparency and access for residents and business owners by broadcasting local government meetings and programming. California law allows a local entity to establish a fee to support public, educational and governmental (PEG) channel facilities consistent with federal law, which limits the use of PEG fees for capital costs incurred for PEG access facilities. The Community Access Preservation Act (CAP Act), U.S. Senate Bill S.1244, would modify the Communications Act of 1934 to allow PEG fees to be used for both capital and operational expenses. FINANCIAL IMPACT: The passage of this legislation would enable the City Council to allocate the TVCTV annual operational expenditures, approximately $95,000, from the PEG Special Reserve Fund instead of the General Fund. RECOMMENDATION: Resolution Staff recommends the City Council adopt the Supporting U.S. Senate Bill S.1244 to Amend the Communications Act of 1934. Reviewed By Assistant City Manager DESCRIPTION: Tri-Valley Community Television (TVCTV) serves the educational and government access needs for the cities of Dublin, Livermore and Pleasanton and televises local City Council and School Board meetings, high school sports games, and other local events. Community television stations such as TVCTV receive PEG funds through their partner cities based on a subscriber fee on monthly cable bills. These fees may only be used for station capital expenses; ITEM NO. 4.4 Page 1 of 2 operational expenses must be funded through another source. Currently, the cities of Dublin, Livermore and Pleasanton use general fund dollars to support TVCTV operations. In 2011, the Community Access Preservation Act (CAP Act) was introduced by then U.S. Representative Tammy Baldwin (Wisconsin) to expand the use of PEG fees for both capital and operational expenses. This change would provide financial flexibility for access providers and local governments. The Dublin City Council unanimously approved a resolution in support of the bill on May 1, 2012. However, the legislation did not pass the 112th Congress. On December 10, 2013, now U.S. Senator Tammy Baldwin (Wisconsin) and Senator Edward Markley (Massachusetts) introduced a bill -- S.1789. The legislation addressed similar problems as its CAP Act predecessor. S.1789 had bipartisan sponsorship, and was supported by the National League of Cities, the U.S. Conference of Catholic Bishops and other groups. The Dublin City Council unanimously approved a resolution in support of S.1789 on February 4, 2014. However, the legislation did not pass the 113th Congress. On May 7, 2015, U.S. Senator Tammy Baldwin again introduced the CAP Act as S.1244. In June 2015, Mayor David Haubert, Mayor John Marchand of Livermore, Mayor Jerry Thorne of Pleasanton and Mayor Chris Watts of Denton, TX sponsored a successful resolution on PEG channel support that was adopted at the U.S. Conference of Mayors’ Annual Meeting. S.1244 presently sits in the Senate Committee on Commerce, Science, and Transportation. Staff is recommending that the City of Dublin again signal its support for this federal legislation by Attachment 1 adopting a resolution of support (). NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1.Resolution Supporting U.S. Senate Bill S.1244 to Amend the Communications Act of 1934 Page 2 of 2 RESOLUTION NO. XX - 15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * RESOLUTION SUPPORTING U.S. SENATE BILL S.1244 TO AMEND THE COMMUNICATIONS ACT OF 1934 WHEREAS, Tri-Valley Community Television (TVCTV) serves the educational and governmental access needs for the cities of Dublin, Livermore, and Pleasanton; and WHEREAS, federal and state law allows a subscriber fee to support public, educational, and governmental (PEG) channel facilities, which channels are shown on TVCTV; and WHEREAS, PEG fees may only be used for capital expenses; and WHEREAS, TVCTV operational expenses must be funded through a source, other than PEG fess, and the cities of Dublin, Livermore, and Pleasanton currently use general fund dollars to support TVCTV operations; and WHEREAS, t he Community Access Preservation Act (CAP Act) was first introduced in May 2011 in the 112th Congress to expand the use of PEG fees for both capital and operational expenses; and WHEREAS, a change in the Communications Act of 1934 would provide financial flexibility for access providers and local governments; however, the legislation made little progress; and WHEREAS, a similar bill, S.1789, was introduced in December 2013; however, this th legislation also did not pass the 113 Congress; and WHEREAS, on May 7, 2015, U.S. Senator Tammy Baldwin again introduced the CAP Act as S.1244 to “amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.” NOW, THEREFORE, BE IT RESOLVED , that the City Council of the City of Dublin supports amending the Communications Act of 1934 to “establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.” BE IT FURTHER RESOLVED , that the City of Dublin supports S.1244, known as the CAP Act, and urges its federal delegation to co-sponsor, advocate for the passage of, and to vote for S.1244. ATTACHMENT 1 PASSED, APPROVED AND ADOPTED this 6th day of October 2015, by the following vote: AYES : NOES : ABSENT : ABSTAIN : ______________________________ Mayor ATTEST : _________________________________ City Clerk ATTACHMENT 1