HomeMy WebLinkAboutMINUTES - 09101985 - IO.4 To: BOARD OF SUPERVISORS
Contra
FROM: INTERNAL OPERATIONS COMMITTEE
Costa
DATE: September 9, 1985 County
SUBJECT: Cable TV Community Access Policy
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Adopt the attached Contra Costa County Community Access
Policy Position Paper.
2. That the Board approve an increase in the Cable TV franchise
fee from 3% to 5% and direct County Counsel and the Cable TV
Administrator to return to the Board a resolution
implementing the increased franchise fee for those companies
operating under Ordinance 82/28, and Ordinance amendments
for other cable franchisers operating under Ordinance 78/73 ,
No. 1995 and No. 1980.
3 . Approve the establishment of the increased 2% cable
franchise fee as the revenue base for the community access
programming fund.
4 . Fix a date and time to consider establishing the cable
television license fee at 5% of gross annual receipts for
licenses granted on or, after November 9, 1978 and at 4% for
licenses granted before November 9, 1978, and direct the
Cable TV Administrator to notify all interested parties of
the date and time _of that hearing.
5 . Direct the Cable TV Administrator to prepare letters for the
Chairwoman to send to the Mayors and City Managers of each
city encouraging cities to fund annual access programming
and to support countywide cable TV interconnection. The
j letter should list the ways in which the city would benefit
!, from an interconnect and from community access, and should
advise the cities of pending State legislation that will
allow cities to keep a portion of their existing subscriber
revenue only if they have a community access program
implemented.
6 . Direct the Cable TV Administrator to undertake a survey of
cable TV subscribers to determine their interest in and
support of community access programming.
7 . Remove this item as a referral to our Committee.
1 CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOM RD CO ITTEE
APPROVE I✓// 1���
I/ s 0'�
SIGNATURE(S) Tom Torlakson Tom Powers
ACTION OF BOARD ON September 10. 1985 APP OVED AS RECOMMENDED OTHER �-
The Board added the following direction to Item 6 above: "To encourage all cable companies
to work with the cities and the county to provide county-wide public access and inter-
connection of the cable systems within the County." The Board FIXED October 1 , 1985 at
10:30 a.m. for hearing on proposed license fee adjustments.
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) 1 HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
County Administrator
CC: County Counsel ATTESTED
� � /o.
Public Works Director PHIL BATCHELOR, CLERK OF THE BOARD OF
Cable TV Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
L ., --------
M382/7-83 BY a DEPUTY
Page 2
BACKGROUND:
On April 9, 1985, at the suggestion of our Committee, the Board
took several steps designed to circulate a draft community access
policy paper to all cities and cable television companies in the
County, as well as other interested parties and to return the
revised policy paper to our Committee.
On September 9, 1985, the Cable TV Administrator filed the
attached report with our Committee indicating almost unanimous
agreement with the policy paper and the goals and objectives set
forth in it. Unfortunately, most cities indicated they were
either unable or unwilling to fund community access at this time.
We have, therefore, included a recommendation encouraging the
cities to consider funding community access and identifying the
reasons why it is in their best interests to do so. In addition,
we have recommended a survey of cable TV subscribers to determine
their interest in community access programming.
While there is some debate about whether a public hearing is
required to increase the franchise fee, it does constitute a fee
increase and County Counsel, therefore, recommends that we fix a
specific time and notify all interested parties that the Board
will be considering the necessary ordinance and resolution.
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CONTRA COSTA COUNTY CONNUNITY ACCESS
POLICY POSITION PAPER
BACKGROUND
Community Access Cable Television programming has been described as a "great
resource with tremendous potential ." As a resource, community access can cover
local events , examine community issues , provide needed local information and
stimulate communication between government and its citizens. In Contra Costa
County, citizens have been able to touch a button to participate in town meetings
(live telecasts with phone-in questions) , high school football games , local history
reviews , candidates nights , lessons on tackling taxes, discussions of the BART
extension policy, reviews of local history, lessons on individual communication
skills, job searches, and home safety technique reviews.
With as many as 85% of all households connected to cable in Central and East
County (30% in West County) , community access has a tremendous potential as a
communication resource. Yet, the genre is underutilized at present. Although
programming has increased over the last few years , no cable system produces or
shows more than 20 hours of programming per week. Viewers can experience diffi-
culty determining what programs are on at what times (some local papers print
general schedules, others do not; none print program descriptions) . The multipli-
city of community access channel numbers also contributes to viewer confusion.
There are 11 channel designations for the 12 cable companies in the County. In
addition, there is no interconnection between the community access channels. In
order for a program to be shown on every cable system, someone must physically
deliver a tape to each cable company in the County. In most cases a tape is
bicycled from cable company to cable company with a showing over several weeks.
Simultaneous transmission of tapes requires duplicating tapes one at a time, and
then individually coordinating a common show time. Of course, the tapes appear
on different channels on each system so that the option of "live" programming on
all systems is now technically impossible. Financial resources also contribute
to underutilization of community access in Contra Costa County. Increased
programming, improved distribution and accessibility all depend upon adequate
resources. Strengthening community access will require a coordinated effort to
improve production of programs , viewer accessibility, interconnection of the
system, and financial resources.
The task to strengthen community access is complex, involving 12 cable compan-
ies , 17 cities, the school system, the County and current and potential programmers
of community access (Video Alliance) . The priorities of each group may not be
the same. However, success depends upon coordination and cooperation between all
groups. Therefore, it is highly recommended that the County's effort be based
upon a coalition of interests for the benefit of all .
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GOALS
Contra Costa County goals for community access cable television are:
1 . Widespread use of cable television access channels for community, educa-
tional , and governmental purposes; and
2. Widespread viewing of community access channels.
OBJECTIVES - VIEWER ACCESSIBILITY
Issue - The multiplicity of community access channel numbers in Contra Costa
County (11 different numbers) hampers the accessibility of community access
countywide by creating confusion about the channel number, inhibiting marketing
of programs of multi-city and countywide interest and making it difficult to
publish program guides on community access.
Facts/Alternatives - Currently, community access channel numbers are chosen by the
individual cable companies. The designation usually reflects technical concerns
and internal company needs for channel lineup.
The only guidance in the current County Ordinance No.82-28 on an optimum or
Countywide channel number is the direction that it be "viewable by all sub-
scribers ," (Section 58-14.006) . Whether or not this language means that all
cable companies must have a common community access channel number would be
subject to County Counsel opinion. Of course the Ordinance could be amended to
clearly mandate a common channel number. The previous County cable television
ordinance does not address community access channels in any form.
Televents (East and Central County) and Viacom (Crockett area) are franchised
under the current Ordinance. Seven other franchises will be up for renewal
within the next four years: 1985-Western Cable System (Clyde); 1986-Concord TV
Cable, UA Cable (Walnut Creek) , Viacom (South County) , Viacom (East County); and
1988-Bay Cable (Richmond) and Century Cable (San Pablo) .
Each of these franchises is part of a larger system franchised by one or more
cities. Consequently, any mandated action by the County not in conformity with a
City requirement could put a cable company in a difficult position of conflicting
loyalties. Obviously, any action to develop a common community access channel
number would be much more effective with City agreement and support.
For the cable companies and cities to join the County in an effort for a common
community access channel number will depend upon the perception that the advantages
outweigh the disadvantages. While it is not possible to anticipate all concerns,
some disadvantages are: viewer identification with the current community access
channel number; technical considerations; and any necessary agreements regarding
use of channel space. Some advantages are: greater community access visibility;
increased ability to inform viewers of programming; and the ability to use
community access to inform citizens of countywide issues and programs (thereby
promoting a sense of community) .
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Recommendation - That the the Board of Supervisors adopt the following position:
Immediate Objective (1 year) : Designation of a single community
access channel number within Contra Costa County.
Intermediate Objective (3 years) : Use of the common channel number
by all cable companies.
These objectives will be accomplished through cooperative agreements between the
County, cities and cable companies. Individual cities will be contacted for
policy support and requested to consider appropriate language as part of their
franchise renewals (as will the County) . Similarly cable companies will be
asked to work together to designate a common channel number and institute the
common channel upon adoption of new channel lineups (i .e. , following a rebuild or
other redesignation of channels) .
OBJECTIVES - INTERCONNECTION
Issue - In Contra Costa County today, it is not possible to simultaneously
cablecast a live program. Simultaneous cablecast of taped programs is also
technically and logistically difficult.
Facts/Alternatives - Each cable system now operates as a "closed loop" which is
not connected to other cable systems. A cable system receives its access program-
ming from its studio at the headend where it is then processed for distribution
via cable to its subscribers. As noted earlier, community access programmers and
cable company production staff "bicycle" tapes from cable company to cable
company. Besides the disadvantage of not being able to simultaneously cablecast
productions, this system consumes time and resources that could be devoted to
programming.
Interconnection of the cable systems would obviate the current logistical and
technical difficulties of simultaneous cablecasts. Interconnection would link
the separate cable systems by wire or wireless (microwave) . For our County a
microwave link would be probably technically preferable.
Interconnection could involve a single channel or multiple channels and have
either a one-way or two-way capacity. The simplest system, a single channel
one-way system would permit a simultaneous delivery of a signal to all cable
system headends from a central facility. This is the least-cost type of inter-
connection and has limited flexibility, although it could be quickly established
and expanded incrementally to incorporate two-way capabilities. With a two-way
system, each cable system headend could transmit signals upstream to a central
facility, which could in turn retransmit them to any or all of the other cable
system headends for distribution to the subscriber. This would allow for a
program originating from any cable system to be disseminated on a countywide basis
from the originating cable system rather than the central location. More sophis-
ticated multi-channel two-way interconnections would provide added flexibility
and capacity. However, are not considered in the context of this policy paper.
Interconnection would require technical feasibility studies to determine the most
appropriate linkage system, hardware requirements , and transmission capability of
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considerations. Agreements and procedures concerning use, administration and
management of the channels would also need to be addressed, with an organiza-
tional structure developed on the operation of the interconnection. And, of
course, funding would need to be made available. The technical and administrative
issues surrounding an interconnected system make this an intermediate (3 to 5
year) possibility for the County.
As an interim measure, there is a current need to improve the distribution of
tapes. Apparently, some tapes of multi-city or countywide interest are not
being played on all systems simply because the logistical difficulties of bicycling
the tapes from system to system. Consequently, the Video Alliance is developing
a proposal for a centralized repository for tapes located at the Educational
Media Service in Concord. As proposed, the facility would house six dubbing
decks , a- time-base corrector and other equipment necessary to produce multiple
tapes simultaneously. On a weekly basis the tapes would be distributed to the
cable companies for simultaneous showing. With this coordinated system, for the
first time it would be possible to provide program guides with program descriptions
on community access programs in the countywide paper. Although the County has
not yet received a formal proposal from the Video Alliance the estimated cost for
equipment of this system would be approximately $35,000. The County could
consider contributing to the project and requesting that the cities provide
matching amounts.
Recommendation - That the Board of Supervisors adopt the following position:
Immediate Objective (1 year) : Development and operation of a
centralized repository and distribution system for tapes.
Immediate Objective (1 year) : Policy agreement by the cities and cable
companies on the desirability of an interconnected system for community
access channels.
Immediate Objective (1-3 years) : Joint agreement between the cities
and County for the study and development of an interconnected community
access system with dedicated funding for the effort.
Intermediate Objective (3-5 years) : Development and implementation of
a single channel one-way interconnected community access channel .
Long-term Objective (as needed): Development and implementation of
two-way interconnected community access.
These objectives will be accomplished through cooperative agreements between the
County, cities and cable companies. The Video Alliance could act as the lead
agency for the centralized tape repository with seed money ($5000) from the
County. Individual cities will be contacted for policy support on the interconnect
objectives , followed by discussions on the best way to facilitate implementation
of the objectives in a cooperative manner.
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OBJECTIVES - PRODUCTION OF PROGRAMS
Issue - Currently the County does not have a formal procedure or policy onsupport
for the production of programs by County agencies or by local groups.
Facts/Alternatives - County policy regarding production of programs is contained
within the Cable Television Ordinance which provides for the establishment and
administration of a dedicated Community Service Programming Fund to "foster the
development of community service programming." Subsequently, the Board activated
the fund through contributions from cable companies. Further direction regarding
the fund will be given if the Board adopts the statement of purposes as proposed
by staff. These purposes include the encouragement of and provision of (a )
instruction and training for individuals, groups, entities and agencies interested
in using community service channels; (b) the nondescriminatory employment and
promotion of other opportunities for minorities and women in the cable industry;
(c) public information on the effective use of cable television community service
channels; (d) production of programs by local groups and County agencies; and
(e) program distribution systems which increase the accessibility of community
access to the subscriber, community and County.
With this policy in place the Board can either set a formal procedure and criteria
for disbursement of funds or continue to consider requests as received.
The advantage of a procedure is that it provides a priority guidance to groups
and agencies interested in using community access programs.
Many jurisdictions have used community access to inform citizens of governmental
operation and services, providing information on regional issues and communicating
public health and safety information. Some County departments may have already
produced community access programming. However, there is no comprehensive list
of what has been done. Similarly, departments may not realize that the Community
Service Programming Fund may have resources to support programming. An internal
survey of past programs and programming needs could resolve this dilemma. Note:
depending upon the volume of County produced programs, it may be desirable to
examine the feasibility of equipment purchase. This is an issue that could be
examined at a later date.
Recommendation
- Immediate Objective (1 year) : Develop and implement procedures and
review criteria for programming grants under the Community Service
.Programming Fund.
- Immediate Objective (1-3 years) : Develop specific community access
programs by County agencies.
- Intermediate Objective (3-5 years) : Assess current and potential
community access programming by County agencies.
- Long-Term Objective (5-7 years) : Implement a standard package of
County programs including live transmission of Board of Supervisors
meetings (upon completion of the interconnection) .
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These objectives can be accomplished internally to the County and require no
cooperative agreement with other agencies. However, it is recommended the County
work closely with the Video Alliance and cable companies, particularly regarding
programming support for local groups.
OBJECTIVES - FINANCIAL RESOURCES
Issue - Current financial support for the community access programming fund is
not adequate to achieve the objectives for the production of programs, viewer
accessibility and interconnection of the system discussed in this paper.
Facts/Alternatives - Currently the County receives approximately $8000 per year
or support of community access. This revenue will decrease next year due to the
incorporation of Orinda. In any case it is not sufficient to accomplish the
objectives of this policy paper.
However, a new funding alternative is available to the Board since the adoption
of the Cable Communications Policy Act of 1984. The Act permits the County to
receive 5% franchise fee. It is now at 3% plus the contribution to the Community
Service Programming Fund. By law any increase in the franchise fee may be passed
on to the subscriber by the cable company.
The advantages of dedicating the 2% increase franchise fee to community access
are many:
1 . There is a direct relationship between the fee and subscriber benefit;
2. It would not place a burden on General Fund revenue for the effort;
3. It would not divert current use of the franchise fee from other purposes;
4. It would put the County in appreciably improved negotiating position
with the cities and cable companies by affirming the seriousness of the
County' s commitment to community access; and
5. Without the use of dedicated funds it will not be possible to accomplish
these objectives.
Since the franchise fee is dependent upon gross revenues of the cable companies,
which change over time, it is not possible to precisely estimate revenues from
the 2% franchise fee. In addition, the 2% would be available only upon renewal
of the franchise , except for Televents (East and Central counties) and Viacom
(Crockett area) -1 This would mean that the support for community access would be
gradually implemented with one new franchise in 1985, four in 1986, and two in
1988. The gradual increase in support for community access would fit very well
with the phased development of the community access program.
1Note: County Counsel has made an initial determination that the franchise fee for
cable companies currently operating under Ordinance No. 82-28 may be increased 5%
at this time. The Board will need to determine if it wishes to increase the fee.
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In accordance with Ordinance No. 82-28 it is necessary for the Board to hold a
public hearing to establish the 2% franchise fee (instead of the 50 cent per
subscriber per year) as the revenue base for the Community Service Programming
Fund.
Another alternate way to fund this effort would be a yearly appropriation in
the budget from the General Fund.
Recommendation - That the Board of Supervisors adopt the following position:
Immediate Objective (1 year) : Establishment of 2% of cable companies
franchise fees as the revenue base for the Community Service Programming
Fund.
This objective will be accomplished through a public hearing before the Board of
Supervisors. At that time staff will prepare an estimate of future revenues and
expenditures.
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4. CATV coord to poll mayors for support of
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