HomeMy WebLinkAboutResolutions - 2010.01.20 - 10087REPORT (MISC. #09260) January 20, 2010
BY: GENERAL GOVERNMENT COMMITTEE — Christine Long, Chairperson
RE: MR #09260 — Board of Commissioners — Support for HR 3745 — the Community
Access Preservation Act
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The General Government Committee, having considered the above titled resolution on
January 11, 2010. hereby recommends that the resolution be amended as follows.
1. Strike the first WHEREAS.
2. Strike all references to "criAN" and instead insert "Local Public Access Cable Channels'.
3. Amend the 9th WHEREAS:
WHEREAS HR 3745 addresses critical and immediate threats to PEG channels
by: (1) allowing - - . - e - - - = 2 • additional
monies beyond base franchise fees to be used for operating expenses, and not
just for facilities and equipment; (2) ensuring that cable operators treat PEG
channels the same as all other channels and do not discriminate against them in
regard to quality, accessibility, functionality, placement, and price; and (3) allowing
decisions regarding PEG channels to continue to be made at the local level.
Chairperson, on behalf of the General Government Committee, I move the
acceptance of the foregoing report
GENERAL GOVERNMENT COMMITTEE
GENERAL GOVERNMENT COMMITTEE
Motion carried unanimously on a roll call vote with Hatchett absent.
Miscellaneous Resolution #09260 # /q BY: Commissioner Tim Greimel, District #11; "7"/"/ 8 0 /elf -
RE: Board of Commissioners — Support for HR 3745 -the Community Access Preservation Act
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS, Community Media Network (CMN), a Public Access cable channel operating in
Oakland County, plays a significant role in Oakland County, and
WHEREAS, CMN is a unique and valuable resource for enrichment, entertainment, local public
safety and emergency information, and discourse for the residents of Oakland County; and
WHEREAS, CMN televises programs about local government topics and other community issues,
so that citizens are informed and involved in their community; and
WHEREAS, CMN contributes to the democratic process by providing opportunities for elected
officials and candidates for office to discuss local issues; and
WHEREAS. CMN provides a window through which residents can view the diversity of cultures,
participate in recreational and enrichment activities, learn about health, wellness, faith, and legal
topics, and enjoy the artistic endeavors in our community; and
WHEREAS, CMN reflects the unique identity of Oakland County, and
WHEREAS, It is important to preserve all public, educational and governmental access (PEG)
channels and their funding, and to ensure that the channels continue to be available to everyone in
the communities they serve; and
WHEREAS, HR 3745, the Community Access Preservation Act, has been introduced in the United
States Congress; and
WHEREAS, HR 3745 addresses critical and immediate threats to PEG channels by (1) allowing
federal funds that are currently provided to PEG channels to be used for operating expenses, and
not just for facilities and equipment; (2) ensuring that cable operators treat PEG channels the same
as all other channels and co not discriminate against them in regard to quality, accessibility,
functionality, placement, and price; and (3) allowing decisions regarding PEG channels to continue
to be made at the local level;
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners supports
immediate passage of HR 3745 by the United States Congress; and
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls on our
Congressional delegation to take all possible actions in support of the passage of HR 3745,
including but nct limited to endorsing, co-sponsoring, and voting for HR 3745, and to or for its
rapid passage; and
13E IT FURTHER RESOLVED that the Oakland County Clerk is requested to forward copies of this
adopted resolution to: Michigan's United States Senators, those members of the United States House
of Representatives \Nilo represent Oakland County, the Michigan Association of Counties, the National
Association of Counties. and Oakland County's legislative lobbyists.
Chairperson, we move the adoption of the foregoing Resolution
Commissioner Tim Greimel
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• ELPO
111TH CONGRESS 1-1 R• 3745 ST SEsSION •
To ninLnd the Communications Ac': of 1934 t.a prcvide for carriage an
display of puhli:!, educational, and government chanrels in a manner
consitent with commercial channels, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OcTopEn 7, 2009
Ms: 13..0,owiN introduced the following hill; which was referred to the
Committee or. Encl.*, and Commerce
A BILL
To amend the Communications Act of 1934 to provide for
carnage and display of public, educational, and govern-
ment channels in a manner consistent with commercial
channels, and for other purposes.
1 Be (7 enacted by the Senate and House of Representa-
2 fives of the United States of America in Congress assembled,
3 SECTION I. SHORT TITLE.
4 This Act may be cited as the "Community Access
5 Preservation Act" or the "CAP Act".
6 SEC. 2. AMENDMENTS.
7 (a) IN GENERAL—Section 611 of the Communica-
tions Act of 1934 (47 U.S.C. 531) is amended-
(1) by redesignating. subsection (f) as sub-
2 section (h); and
3 (2) by inserting after subsection (e) the fol-
4 lowing new subsections:
5 "(f) EQI'MALENCE.—
6 "(1) IN GENERAL—In the ease of any fran-
chise under which channel capacity is designated
8 under subsection (b), such channel capacity shall
9 be-
10 "(A) at least equivalent in quality, accessi-
11 functionality, and placement to-
12 "(i) channel capacity used for re-
13 quired carriage of local commercial tele-
14 vision stations, as defined in section
15 614(h)(1); or
"(ii) if no such stations are required
17 to he carried, the channel capacity used to
18 early the primary signal of the network-A-
19 filiated commercial. television stations car-
20 ried on the cable system; and
21 "(B) provided to and viewable by every
22 subscriber of a cable system without ulditional
23 service or equipment charges.
24 "(2) Sio-NAL QuALTTY AND CONTENT,--A cable
25 operator shall-
•
•Int 3745 1
3
"(A) carry signals for public, educational,
or governmental use from the point of origin of
3 such signals to subscribers without material
4 degradation and without altering or removing
5 content provided a.s part of the public, edu-
6 eational, or governmental use; and
7 "(B) provide facilities adequate to fulfill
such requirements.
9 "(3) WATVER.—The requirements of paragraph
10 (1) may be waived by a franchising authority if the
11 franchise contains all explicit provision that such re-
12 quirements shall not apply and such provision was
13 adopted after a proceeding the conduct of which af-
14 forded the public adequate notice and an oppor-
15 tunity to participate,
"(4) ENFORCEMENT.—The requirements of this
17 subsection may be enforced by a franchising author-
ity or by the Commission.
19 "(5) ADDITIONAL REQUIREMENTS,—Nothing in
20 this subsection prevents a franchising authority from
21 esta:Jlishing additional requirements with respect to
22 the quality. accessibility, functionality, placement,
23 and provision of channel capacity designated for
24 public, educational, or governmental use.
*HR 3745 IH
4
1 "(g) PRESERVATION OF PUBLIC, EDUCATIONAL, AND
2 GOVERNMENTAL USE,—
) ST UDY.---Wit bin 180 days after the date
4 of enactment of the Community Access; Preservation
5 the Commission shall submit to Congress a re-
6 port. contain.'
7 "(A) an analysis of the impact of the en-
8 actment of State video service franchising laws
9 since 2005 on public, educational, and govern-
10 mental use of cable systems;
11 "(B) an Otialysis of the impact of the con-
12 version from analog to digital transmission
13 technologies on public, educational, and govern-
14 mental use of cable systems, and
15 "(C) recommendations for changes re-
16 qttired to this Act to preserve and advance 10-
17 calisni and public, educational, arid govern-
mental use of advanced communications sys-
19
20 "(2) SUPPORT.—In states that adopted legisla-
21 tion affecting cable system franchising requirements
22 relating to support for public, educational, or gov-
23 ernmental use of a cable system that became effec-
24 tive a0:er May 31, 2005, a cable operator shall, net-
withst anding such legislation-
41R 8745 M
5
"(A) pay to any political subdivision in
2 which the operator provides service the greater
3 of-
4 "(1) the historical support that the op-
erator, or its predecessor, provided for
6 public, educational, or governmental use of
7 the cable system in such subdivision in ac-
cordance with this subsection: or
9 "(ii) the amount of any cash payment
10 that the operator is required to pay to
11 such subdivision under such State legisla-
12 tion affecting cable system franchising re-
13 quirements;
14 "(B) carry signals for public, educational,
15 or governmental use from the point of origin of
16 such signals to subscribers and provide facilities
17 adequate to fulfill such requirements in accord-
18 ance with subsection (0(2); and
19 "(C) provide at least the number of than-
20 nels for public, educational, or governmental
21 use that it was providing as of May 31, 2005,
CALcuLATIQN OF IIISTORICAL STTPORT.—
23 Historical stpport includes the value of ad support
24 provided for public, educational, or governmental
25 use, including in-kind support and free services. The
•HR 3745 in
cable operator shall pay support equal to the greater
2 off-
3 "(A) the value of the support provided in
4 the most recent calendar year prior to the effee-
5 tive date of such State legislation affecting
(.qible system franchising requirements; or
"33) the value of the annual average sup-
8 port provided over the term of the franchise
9 pursuant to which it operated prior to such ef-
10 fective date, taking into account the time value
11 of money.
12 "(4) PAY-MEN -N.—The amounts owed to the po-
13 litical subdivision under paragraph (2)(A) shall be
14 paid annually; in quarterly installments, with the
1.5 first. payment being due 30 days after the date of
1.6 enactment of the Community Access Preservation
17 Act.
18 "(5) iTsEs; DISPITTES.—
1.9 "(A) US'ES,—Support provided to any
20 State or local political subdivision under this
21
subsection shall be dedicated to public, edu-
eational, or governmental use of channel capac-
23 ity.
24 "(B) 1)1sPUTE8,-11 there is a dispute as
25 to amounts owed under this subsection. undis-
•Ii.rt 3745
7
1 puted amounts shall be paid, and the Commis -
2 sion shall determine on an expedited basis what,
if any, additional amounts are owed.",
4 (b) FRANCHISE FEE DEFINITION.—Section
5 622(g)(2) of such Act (47 C.S.C. 542(g)(2)) is amend-
6 ed-
7 (1) in subparagraph (B), by striking - "in the
8 ease of any franchise in effect on the date of the en-
9 aetment of this title,";
10 (2) by striking subparagraph (C)i and
11 (3) by redesignating fRibparagraphs (D) and
12 (E)as subparagraplts (C) and (D), respectively.
13 (c) CABLE SERI7CE DEFINIT:ON.—Seetion 602(6) of
14 such Act (47 U.S,C. 522(6)) is amended by striking
15 "means" and inserting 'means, regardless of the tech-
nology or transmission protocol used in the provision of
17 service".
.HR 374 1H
1
Resolution #09260 October 29, 2009
The Vice-Chairperson referred the resolution to the General Government Committee. There were no
objections.
Resolution #09260 January 20, 2010
Moved by Long supported by Greimel the resolution be adopted.
Moved by Long supported by Greimel the General Government Committee Report be accepted.
A sufficient majority having voted in favor, the report was accepted.
Moved by Long supported by Greimel the resolution be amended to coincide with the recommendation in the
General Government Committee Report.
A sufficient majority having voted in favor, the annenoment carried.
Discussion followed.
Vote on resolution, as amended:
AYES: Cape110, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Groimel, Hatchett,
Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub,
Woodward, Zack, Bullard, Burns. (24)
NAYS: None. (0)
ABSTAIN: Jackson. (1 )
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
COES NOT REWIRE COUNTY EXECUTIVE ACTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
Ruth Johnson. Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on January 20, 2010,
vviti the original record thereof now remaining in my office.
In Testimony Whereof. I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac,
Michigan this 20th day of January, 2010.
Gat
Ruth Johnson, County Clerk