More Threats to Local Control & Community Channels:
Oppose AB 2987 & HR 5252
It has beeen said that “Telecommunications is the new ‘Water Rights’ of the 21st Century”. I write today to ask those concerned or involved with shaping the future of community access television channels and retaining local control of telecommunications to oppose AB 2987, so-named the “Digital Infrastructure and Video Competition Act of 2006″. There is also similar legislation being considered in the US Congress, currently known as HR 5252 or its previous incarnation as COPE Act, or the Barton Bill. (named for Joe Barton R-TX, whose two top campaign contributors were AT&T and Comcast.)
Currently, similar to the requirements of a garbage company, any telecom provider that wants to provide cable in your community and use the Public Right-Of-Way to make a profit would be required to obtain a Franchise (my mentor & friend Robert Rothgery argues that the only difference between the cable/telco provider and the garbage company is in the actual flow of product…). In both cases would be required to provide some in-kind services and pay franchise fees to exact a compensation for the PROW, similar to a rent. In the case of cable television, the in-kind services are spelled out in the 1984 Cable Act, where cities could require the operator to lay the best and fastest of their cable or fiber in a timely manner, provide local Public Educational and Government – or PEG Access channels & resources, an Institutional Network (I-NET), and recieve 5% of franchise fees from gross revenues.
Telco companies, looking to cut into the lucrative marketshare and record profits reaped by Comcast, Charter, and AOL/TimeWarner, want to provide competing services to ‘consumers’ (they don’t think in terms of ‘community’, it’s on tape) but without having to deal with each city and be subject to those bothersome requirements. AT&T in particular has been on the warpath: they’ve recently dragged the City of Walnut Creek into the Federal District Court in San Francisco for not giving them permits, so they attempted to sue for the right to dig up your street, lay their fiber and erect large teleco cabinets on every block to provide a service that competes with and is essentially classified as ‘cable’, but without being subject to the 1984 Cable Act and excempt from local franchise agreements. This past spring the court denied AT&T’s motions for the excemptions.
Of course they didn’t stop, or start, there. The telco companies have been hanging in the halls of just about every city in California, in Sacramento, the US Congress, and the Federal Communications Commission. Pumping money into election campaigns and offering incentives and favors (some legal, some questionable), they were calculating and eventually successful in introducing legislations: in the Congress it is the COPE Act & HR 5252, and in California it is AB 2987.
Passage of AB 2987 would undo many years of hard work to make local PEG access television available to local communities, including VCAT’s new Channel 27 and the City of Vallejo’s government Channel 28. This piece of legislation being considered by the State Senate in Sacramento this week, if passed unopposed, would effectively eliminate all current provisions for PEG in California. AB 2987 and HR 5252 bills would also eliminate ‘Net Neutrality’, and clear the way for ‘Redlining’ in the deployment telecommunications upgrades, whereas more affluent communities would get the faster telecom lines installed in their neighborhoods (of course, along with the giant & obstructive teleco cabinets). Forget transferring the concept of ‘Universal Access’ to the digital domain: these bills would further deepen the ‘Digital Divide’.
It should be of no surprise that AB 2987 has been heavily lobbied for by telecom giants at the tune of over $19M, most notably AT&T and Verizon. An earlier version was unfortunately passed by the California state legislature, unanimously no less; and from all indications, without careful review or consideration of the impact on local communities and governments. AB 2987 takes away the rights of cities, counties or joint authorities to protect the local Public Right-Of-Way, collect franchise fees, or assure equitable access that would serve the entire community. Contrary to the oft-spouted pledge by some lawmakers and political organizations ‘dedicated’ for’less government involvement’, the actual result would be that local control of the PROW would fall into the bureaucratic hands of the California Public Utilities Commission. For these reasons and many others, AB 2987 is opposed by the League of Cities, the National Association of Telecommunications Officers and Advisors, the League of Women Voters, and other organizations.
AB 2987 would also do away with provisions for local PEG channels across the state of California. This of course would threaten Vallejo’s new Channel 27, which in spite of a long and continued struggle was finally launched earlier this year, while eliminating the possibility of adding new channels, such as a third or fourth channel dedicated to educational or non-profit programming.
The Alliance for Community Media, an organization which I’ve long supported and been involved regionally, has been very concerned about the impact on the PEG channels and resources. Recognizing that several states this year have caved-in to similar bills (“If it’s good enough for Texas…), has prompted our colleagues and membership to work hard to educate and engage lawmakers and their staff to add provisions to reduce the impact and preserve some semblance of protections.
The latest version of AB 2987, was released yesterday, and apparently includes amended language for maintaining some provisions for PEG: http://info.sen.ca.gov/pub/bill/asm/ab_2951-3000/ab_2987_bill_20060828_amended_sen.pdf
Communities such as Santa Rosa, Monterey, San Francisco, Lompoc/Santa Maria, Humboldt County, Marin County and many others would still suffer a drastic loss of funding and resources, but would be at least be able to maintain some funding and channels, however capped 3% of gross revenues if they already have PEG support. Unfortunately, communities like Vallejo, Vacaville, or Contra Costa County in their next cable franchises would then never be able to recieve more than 1% of gross revenues. While for Vallejo may actually receive little more than the paltry $0.24 per cable subscriber to support PEG capital and operations, passage of AB 2987 would basically handicap communites like Vallejo from achieving anywhere the meaningful level of support recieved by other communities.
Of course, favoring of AB 2987 (and HR 5252) are Industry, and ‘Astroturf’ groups (mimicking true grassroots organizations) invented by lobbyists and funded by industry. Some have even adopted names or (mis)represented themselves and their ‘mission’ to confuse lawmakers and the public with real grassroots organizations like the ACM.
The following link to this article provides a bit more background. CMAP is the multi-city non-profit organization I was working for right before coming to start the new channel and operation in Vallejo: http://www.pinnaclenews.com/news/contentview.asp?c=192197 (and yes: I have proudly strived to introduce concepts of CMAP’s great programs and partnerhships to the start-up of VCAT; go there today and you’ll see what I mean)
Citizens, municipal officials, community leaders, advocates and colleagues are urged to contact State and Congressional lawmakers to oppose AB 2987 and HR 5252.
Please join our action alerts and more info at:
http://www.acmwest.org – for State of California AB 2987
http://www.ab2987.com
http://www.cacities.org/ab2987 – info on AB2987 from League of California Cities
http://www.alliancecm.org – for info on COPE & HR 5252
http://www.savethenet.org – for info on Net Neutrality
At a time that more Media Consolidation means less spectrum for local media purposes, it is more important than ever to protect your access channels, Localism, Net Neutrality, and eliminate the ‘Digital Divide’.
Check out the links above, contact state and federal lawmakers, even those outside of your districts, for they are making decisions affecting all of us.
Urge them to oppose AB 2987 and HR 5252.
- Clayton J. Leander, Board Member
Alliance for Community Media – West Region
On 8/26/06, Kim Shuck wrote:
Hi guys,
What a great time last night. Thank you all for everything: space, words, support, patience…(thanks again Topaz).
You are all the reason that I do this word thing.
Hugs,
Kim
Friends,
Ditto Kim! What a lovely spot, what a great feeling among everyone. Thank you for your beautiful welcoming presence?extended so easily and gracelfully to everyone in the room.
I?m really grateful for the continuing thread of this project that connects us all from place to place.
warmly,
Slim
?
Slim Russell
Project Director
Oakland Public Art Guide
Does anyone know how I could get a hold of Ennett Tu Geuther, the kazoo player/drummer on the Chromatology album?I?m researching Geuther roots and need to get in touch with him.Thanks for any leads.
Gaby
gabygeuther@yahoo.com
Thank you for posting my poem as poem of the day.
I’m sure that whoever reads it will feel more needed.
I didn’t know about your website till now.
Thank you
Richard Walker
jrwalk@shol.com
Artists in the News
Enjoy three sensational days of music, food, fun and art in beautiful downtown Oakland. Live rock, blues, jazz, gospel and more on five concert stages. Exciting national and local acts blended with culturally diverse art, poetry, music and food. Children of all ages revel in the festive Family Fun Zone.
Sunday September 3rd
BLUES STAGE (at 12th & Broadway)
12:00
Wingnut Adams
12:45
Ron Joseph & Steppin’ Stones
1:35
Little Wolf & The Hellcats
2:25
Tia Carroll
3:15
Bernard Anderson
4:15
San Francisco Fillmore Blues Revue
5:15
Cafe R&B
September 2, 3 & 4, 2006
11am-6pm
$5 at door; 12 & under free
click here for directions
http: //www.artandsouloakland.com/map.htm
Much Love & Respect
Tia Carroll
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