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E'LITCERRITO\- OFFICE OF THE MAYOR William C. Jones, III December 14, 2011 The Honorable Senator Barbara Boxer The Honorable Senator Dianne Feinstein The Honorable Congressman John Garamendi Agenda Item No. S(E) RE: COMMUNITY ACCESS PRESERVATION ACT CHR 1746) Dear Senators Boxer and Feinstein and Congressman Garamendi: I am writing on behalf of the City Council of the City of El Cerrito to ask for your support of the Community Access Preservation Act (CAP Act- HR 1746) to preserve and protect Public, Educational and Government (PEG) community access television stations. HR 17 46 is co-sponsored by Congresswoman Tammy Baldwin (D-WI) and Congressman Steven LaTourette (R-OH). We support PEG access television and Cable TV Channel KCR T 28. Local television channels are the voice of the community and an important voice for democratic media, especially in an era of increased media consolidation. PEG channels foster government transparency by televising city council meetings, school board meetings, local emergency information and other local programming not otherwise broadcast on television. They connect residents with local government in much the same way C-Span connects viewers to activities in Congress. The CAP Act (HR 17 46) will address some detrimental and critical issues facing local PEG channels; it will: 1) Eliminate the distinction between "capital" and "operational" expenses when it comes to using existing PEG support fees. Right now, PEG support fees that are being collected can only be used for "capital" expenses. This distinction is unnecessary and wasteful of the subscriber's money; 2) Restore a community's ability to collect PEG support. Many states passed statewide franchising laws that either eliminated PEG support or will eliminate PEG support by 2012. That means that hundreds of these channels will be eliminated in the next year; CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org ---PAGE BREAK--- December 20,2011 Honorable Senators Boxer and Feinstein Congressman Garamendi Page Two 3) Allow a community that does not have a PEG channel to get one if they so choose; and 4) Prevent video providers from charging expensive channel transmission fees to local communities. We urge you to join us and several other cities in support of these local channels by supporting HR 1 7 46. As always, thank you so much for the all of the work you do on our behalf. Sincerely, William C. Jones, III Mayor, City of El Cerrito CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4379 http://www.el-cerrito.org ---PAGE BREAK--- LIVEU1\ff.@RE ...\.~CALIFORNIA Dear Mayor, RECEIVED DEC -~l·5 2011 City of El Cerrito City Clerk We are four mayors from the cities of Dublin, Livermore, Pleasanton and San Ramon, California. We represent over a quarter of a million people. We believe that local Public, Education and Government (PEG) television stations provide an important service to the community we serve and millions of Americans. We are asking that you join with us in support of a bi-partisan piece of ,federal legislation titled the Community Access Preservation Act (CAP Act, HR 1746). This is not a fiscal bill. PEG channels receive no federal funding. Additionally, PEG channels are in no way related to PBS (Public Broadcasting Service). PEG channels bring government transparency by televising city council meetings, school board meetings, local emergency information, homework help, supports non-profits, high school sporting events and other local programming not otherwise broadcast on television. They connect residents with their local government in much the same way C-Span connects viewers to activities in Congress. Due to a lack of adequate federal protection, PEG television was severely affected in twenty- three states that passed statewide/state issued cable franchising laws. These laws have had serious negative consequences for PEG television. One of these is changing the ability to use already al.located fees to support ongoing operations. Although these fees continue to be collected from subscribers by the cable operators they are now designated for capital costs only, eliminating the ability to use them for operational overhead The CAP Act is the congressional remedy for this funding obstacle as it removes the distinction between capital and operational use. The CAP Act was introduced May 5, 2011 by Congresswoman Tammy Baldwin (D-WI) and Congressman Steven LaTourette (R-OH) and .would address the immediate issues facing PEG channels. Here's what the CAP Act will do: • Remove the distinction between "capital" and "operating'' allowing local entities to determine the best use of their PEG support fees. • Make sure local governments can secure funding for PEG channels in exchange for cable operators' use. of public right-of-way. Operators to provide the support required under state ---PAGE BREAK--- laws, or the support historically provided for PEG, or up to 2°/o of gross revenue, whichever is greater. • Make sure cable operators transmit the PEG channels without charge to local government. • Ensure PEG channels are available to everv subscriber. PEG channels to be part of the basic service without additional charge for transmission or rental equipment. HR 1746 is supported by the National League of Cities, National Association of Counties (NACo), the United States Conference of Mayors, the National Association of Telecommunications Officers and Advisors, American Community Television, a's well as several state municipal leagues. As Republicans and Democrats, we recognize the value of these important television channels and we urge you to join with us in communicating your support for the CAP Act (HR 1746) by calling or writing your federal and state legislators and asking for their support. To read the legislation, go to: http://thomas.loc.gov/cqi-bin/querv/z?c112:H.R.1746:# Preserving transparency in government, educational broadcasts and other services provided by local PEG channels is important. We thank you for your time and consideration in this matter and look forward to your support. Sincerely, Tim Sbranti Mayor, Dublin /)1/afi£it!i1_ Marshall Kamena Mayor, Livermore Jennifer Hosterman Mayor, Pleasanton ···cH!lliJJ-- H. Abram Wilson Mayor, San Ramon ---PAGE BREAK--- ~AMERICAN COMMUNITY • TELEVISION The Community Access Preservation Act (the CAP Act) H.R. 1746 Introduced by Congresswoman Tammy Baldwin (D-WI) Lead Co-Sponsor, Congressman Steven LaTourette (R-OH) 1. It removes the distinction between "capital" and "operating" in PEG support fees. PEG support fees that are collected from subscribers by the cable operators can only be used for "capital and equipment" and not for operational overhead. The CAP Act will eliminate that part of the Telecommunications Act that prevents PEG centers from using PEG support for their operating expenses. Right now, access centers are closing their doors because even though they receive money for buildings and equipment, they do not have or are losing money for operations. The CAP Act will allow centers to spend the PEG support fees as they see fit to keep the centers open and keep the channels on the air. The CAP Act will save or create over 8,400 jobs nationwide.1 2. Makes sure local governments can secure funding for PEG channels in exchange for cable operators' use of public rights-of-way and makes sure local government can have PEG channels. For twenty-seven years, federal law has recognized the importance of allowing local government to ask cable operators for PEG channel funding in exchange for use of local rights of way. The CAP Act restores that ability to local government subdivisions in those states that passed statewide/state-issued franchising laws. The CAP Act provides that PEG channels will receive funding equal up to the historical support it received prior to the damaging statewide/state issued franchising laws2--0R-up to the amount that operators are required to pay under the new statewide/state issued franchising laws- OR up to 2% of the gross revenue of the cable operator--whichever is greater. It also makes sure local government can get a PEG channel if they do not have one, up to three. 3. It makes sure that cable operators transmit the PEG channels without charge to the local government. · This is an important point because in several places cable operators are claiming they can charge local governments for the transmission of the channels. Cable operators are demanding several thousand dollars per year per channel for transmission. This must stop! 4. It makes sure that PEG channels are available on the Basic tier of service and available to all subscribers without need for additional equipment in order to get them. PEG channels in various states have been moved to the high digital tier, out of reach for those who have Basic cable. The CAP Act ensures that PEG channels will be available to every subscriber without the need for additional equipment. In some places, cable operators are charging five dollars or more per month for this additional.equipment. Cable subscribers should have access to PEG programming without having to rent additional equipment. For more information on the CAP Act, go to American Community Television's website at http://www.acommunitytv.org or call410-992-4976. 1 Jobs Survey conducted by ACT July 2010 2 In states that have passed such laws since 2005.