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HomeMy WebLinkAboutResolutions - 2008.02.07 - 9444REPORT (MISC. 108020) February 7, 2008 BY: General Government Committee, Christine Long, Chairperson IN RE: MR #08020 — BOARD OF COMMISSIONERS — RESOLUTION REQUESTING PRESERVATION OF CHANNEL LOCATIONS FOR PUBLIC, GOVERNMENTAL, AND EDUCATIONAL (PEG) CHANNELS To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #08020 on January 28, 2008, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE L ie\f-vt. G utn42_6„ General Government Committee Vote: Motion carried unanimously on a roll call vote with Gregory, Suarez and Greimel absent. Miscellaneous Resolution # 08020 BY: Commissioners Tim Burns, District #19, Tim Greimel, District #11 RE: Board of Commissioners — Resolution Requesting Preservation of Channel Locations for Public, Governmental, and Educational (PEG) Channels TO: Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, Comcast Cablevision, is among the companies that furnish or will be furnishing cable television subscriptions to residential customers; and WHEREAS, Oakland County cities, villages, townships (CVTs) and other governmental entities have committed substantial resources to deliver programming on governmental and educational access channels, also known as PEG; and WHEREAS, Comcast Cablevision has indicated that it intends to change the channel lineup and location of the public, educational, and governmental access (PEG) channels from locations within the basic tier of first 100 channels , where they have been situated for many years, to the channel lineup in the 900's; and WHEREAS, Comcast has in its letter of December 7, 2007, to Caren Collins Fifer, President Michigan NATOA, asserted that digitizing PEG channels along with other channels frees up bandwidth on the cable system which will provide even more channels and enhanced services; and WHEREAS, in actuality such a recommended change will in fact result in Comcast having the capability to increase equivalent profitable bandwidth of one hundred seventy-seven digital elements resulting in the potential for additional revenues at the expense of the consuming public; and WHEREAS, it appears the actual intention of Comcast is to avoid its community commitment to provide PEG channels under Section 623 of the Michigan Communications Act for ease, convenience and use of the cable subscriber; and WHEREAS, the new placement of these PEG channels would in effect be more likely not to be accessible nor used by the subscriber due to their location from regular commercial programming; and WHEREAS, Comcast, as a commercial provider, is keenly aware that the relocation of the PEG channels will eventually lead to its determination to abolish such channels in the future due to inaccessible placement and thereby insufficiency of use; and WHEREAS, the initial intention of the Michigan Communications Act was to have the PEG channels in a basic service tier which consists generally of the lower tiered channels and the current effort by Comcast is to avoid that obligation and responsibility which it had originally contracted to perform with the Intergovernmental Cable Communications Authority (ICCA); and Commissioner Tim Burns District -6mmissioner District 4 1441../14,- WHEREAS, the result will be added cost, inconvenience, and confusion with respect to citizens who intend to view educational and governmental access channels; and WHEREAS, it would appear Con-least is readjusting PEG from the basic service tier in order to market the more profitable channel position for commercial programs and thereby sacrificing accessibility of PEG locations now familiar to all subscribers; and WHEREAS, since Comcases announcement, many citizens have voiced their opposition to the news that Comcast intends to change the location of PEG channels and require customers to have digital converter box to receive channels at an unnecessary future additional expense. NOW THEREFORE, it is resolved that the Oakland County Board of Commissioners hereby requests Comcast Cablevision to preserve the channel locations for public, educational, and governmental access (PEG) channels in locations within the first 100 channels of basic tier service and agree that they will not be changed in the future without the written consent of the CVTs or other governmental entities which provide programming on such channels; and BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners' lobbyist is instructed to immediately work with the Michigan Legislature to amend Public Act 480 of 2006 to require that public, educational, and government (PEG) channels remain within the first 100 channels of basic tier service and that they will not be allowed to changed in the future without the written consent of the CVTs or other governmental entities which provide programming on such channels. BE IT FURTHER RESOLVED that the Oakland County Clerk forward copies of this adopted resolution to Comcast, the Oakland County delegation to the Michigan Legislature, the Michigan Association of Counties, the Michigan Municipal League and Oakland County's legislative lobbyists. Chairperson, we move the adoption of the foregoing resolution. Commissioner Tim Greimel District 411 nAltitt-ut_ Commissioner District # / -9-- Commissioner District 4 Conimissioner District # 0.4 'ommissioner District # Commiss Distriarg Cornmissioner District # omm Distric missioner District # Commissioner District # to eA liLegLs.), Commissioner District #a Corn District # ssioner 1# , a Commission District # Commissioner District # 4.1 Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # Commissioner District # - Commissioner District # Resolution #08020 January 17, 2008 The Chairperson referred the resolution to the General Government Committee. There were no objections. Ruth Johnsok County Clerk Resolution #08020 February 7, 2008 Moved by Gregory supported by Potter the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Burns, Coleman, Coulter, Crawford, Douglas, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett, Jacobsen, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward, Zack, Bullard. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). DOES 101NEON COUNTY EXECUTIVE ACTION STATE OF MICHIGAN) COUNTY OF OAKLAND) I, 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 February 7, 2008, with 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 7th day of February, 2008.