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Home My WebLink About2001 BAKERSFIELD Alan Tandy · City Manager September 17, 2001 Dear Legislative and Litigation Committee Attendee: The attached letter from Committee Chairperson Sue Benham, due to clerical error, was not mailed to you in a timely fashion. Mrs. Benham wished them forwarded to you in spite of the delay. We apologize for any inconvenience this may have caused. The next Legislative and Litigation Committee meeting is scheduled for Monday, September 24, at 1:00 p.m., in the City Manager's Conference Room. Sincerely, Tmdy Slater Administrative Analyst (P:XL&L~0109171) cc: Committee Chairperson Sue Benham City Manager Alan Tandy City of Bakersfield · City Manager's Office ° 1501 Truxtun Avenue Bakersfield · California · 93301 (661) 326-3751 · Fax (661) 852-2050 BAKERSFIELD CALIFORNIA September 5, 2001 Mr. Stuart Baugher 7305 Lucille Avenue Bakersfield, CA 93308 CITY COUNCIL Dear Smart: Harvey L. Hall Stayor At the Legislative and Litigation Committee meeting of August 27, Mark Salvaggio 2001, I asked that if the audience in attendance wished to provide clear and V'~e-a4ayor concise suggestions for city staff consideration they should submit them ten W,~d ? days ahead of the next committee meeting at which the item was to be considered. Irma ~n Ward l The next Legislative and Litigation Committee meeting with this Susan M. Benlmm agenda item is scheduled for Monday, September 24, 2001 at 1:00 p.m., in the Ward2 City Manager's Conference Room. If you would like to make a submission for consideration, please send or bring it to Tmdy Slater, Administrative Mike Maggard Analyst, City Manager's Office, 1501 Truxtun Avenue, Bakersfield, CA Ward 3 93301, by September 14, 2001 by 5:00 p.m. David Couch Ward 4 I look forward to hearing fi:om you. Harold W. Hanson Wards Sincerely, Jacquie Sumvan /~ Ward6 Sue Benham, Chairperson Legislative and Litigation Committee Councilmember, Ward 2 P:kL&LkL0109051 cc: Councilmember David Couch Councilmember Jacquie Sullivan Alan Tandy, City Manager Bart Thiltgen, City Attorney Tmdy Slater, Administrative Analyst 1501 Tmxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780 BAKERSFIELD CALIFORNIA September 5, 2001 ~ Ms. Liz Keogh 1311 Water Street Bakersfield, CA 93305 CITY COUNCIL Dear Liz: ltm-vey L. Hall Mayor At the Legislative and Litigation Committee meeting of August 27, Mark Sa~vaggio 2001, I asked that if the audience in attendance wished to provide clear and V'~e-Mayor concise suggestions for city staff consideration they should submit them ten Wara 7 days ahead of the next committee meeting at which the item was to be considered. Irma Carson Ward l The next Legislative and Litigation Committee meeting with this Susan M. Be~,h~m agenda item is scheduled for Monday, September 24, 2001 at 1:00 p.m., in the Ward2 City Manager's Conference Room. If you would like to make a submission for consideration, please send or bring it to Tmdy Slater, Administrative Mike Maggard Ward3 Analyst, City Manager's Office, 1501 Tmxtun Avenue, Bakersfield, CA 93301, by September 14, 2001 by 5:00 p.m. David Couch Ward4 I look forward to hearing fi:om you. ltarold W. l:la~son Wards Sincerely, JacquieSumvallward6 fi~ 7 Sue Beraham, Chairperson Legislative and Litigation Committee Councilmember, Ward 2 P:kL&LkL0109051 cc: Councilmember David Couch Councilmember Jacquie Sullivan Alan Tandy, City Manager Bart Thiltgen, City Attorney Tmdy Slater, Administrative Analyst 1501 Truxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780 BAKERSFIELD CALIFORNIA September 5, 2001 715 Baldwin Road Bakersfield, CA 93304 CITY COUNCIL Dear Ginger: llarvey L. llall Mayor At the Legislative and Litigation Committee meeting of August 27, Mark Salvaggio 2001, I asked that if the audience in attendance wished to provide clear and W~e-Mayor concise suggestions for city staff consideration they should submit them ten w~a ? days ahead of the next committee meeting at which the item was to be IrmaCarsoa considered. Ward l The next Legislative and Litigation Committee meeting with this SusanM. Benlmm agenda item is scheduled for Monday, September 24, 2001 at 1:00 p.m., in the Ward2 City Manager's Conference Room. If you would like to make a submission for consideration, please send or bring it to Trudy Slater, Administrative Mike Maggard Ward3 Analyst, City Manager's Office, 1501 Tmxtun Avenue, Bakersfield, CA 93301, by September 14, 2001 by 5:00 p.m. David Couch Wa,.a4 I look forward to hearing from you. i:larold W. Hanson Wa~a S Sincerely, Jacquie Sullivan /~' Ward6 Sue Benham, Chairperson Legislative and Litigation Committee Councilmember, Ward 2 P:~&L~L0109051 cc: Councilmember David Couch Councilmember Jacquie Sullivan Alan Tandy, City Manager Bart Thiltgen, City Attorney Trudy Slater, Administrative Analyst 1501 Tmxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780 BAKERSFIELD CALIFORNIA September 5, 2001 ~~ Mr. Brian Morrow 12007 Handel Avenue Bakersfield, CA 93312 CITY COUNCIL Dear Brian: Harvey L. Hall Mayor At the Legislative and Litigation Committee meeting of August 27, Mark Salvaggio 2001, I asked that if the audience in attendance wished to provide clear and Vice.Mayor concise suggestions for city staff consideration they should submit them ten Ward ? days ahead of the next committee meeting at which the item was to be IrmaCarson considered. Ward l The next Legislative and Litigation Committee meeting with this SusanM. Benham agenda item is scheduled for Monday, September 24, 2001 at 1:00 p.m., in the Ward2 City Manager's Conference Room. If you would like to make a submission Mike Maggard for consideration, please send or bring it to Tmdy Slater, Administrative Ward3 Analyst, City Manager's Office, 1501 Tmxtun Avenue, Bakersfield, CA 93301, by September 14, 2001 by 5:00 p.m. David Couch Ward 4 I look forward to hearing from you. i~arold W. ilanson Wards Sincerely, Jacquie Sullivan Ward6 Sue Benham, Chairperson Legislative and Litigation Committee Councilmember, Ward 2 P:kL&LkL0109051 cc: Councilmember David Couch Councilmember Jacquie Sullivan Alan Tandy, City Manager Bart Thiltgen, City Attorney Tmdy Slater, Administrative Analyst 1501 Tmxtun Avenue · Bakersfield, Califomia 93301 · (661 ) 326-3767 · Fax (661 ) 323-3780 BAKERSFIELD CALIFORNIA September 5, 2001 5416 Lance Street Bakersfield, CA 93308 CITY COUNCIL Dear Barbara: Harvey L. Hall Mayor At the Legislative and Litigation Committee meeting of August 27, Mark Salvaggio 2001, I asked that if the audience in attendance wished to provide clear and Wtce-Mayor concise suggestions for city staff consideration they should submit them ten Ward Z days ahead of the next committee meeting at which the item was to be considered. Irma Carson Ward l The next Legislative and Litigation Committee meeting with this SusanM. Benham agenda item is scheduled for Monday, September 24, 2001 at 1:00 p.m., in the Ward2 City Manager's Conference Room. If you would like to make a submission for consideration, please send or bring it to Tmdy Slater, Administrative Mike Maggard W~rdS Analyst, City Manager's Office, 1501 Tmxtun Avenue, Bakersfield, CA 93301, by September 14, 2001 by 5:00 p.m. David Couch Ward4 I look forward to hearing from you. l:larold W. llanson Wards Sincerely, Jacquie Sumvan ~ Ward6 Sue Benham, Chairperson Legislative and Litigation Committee Councilmember, Ward 2 PSL&L~L0109051 cc: Councilmember David Couch Councilmember Jacquie Sullivan Alan Tandy, City Manager Bart Thiltgen, City Attorney Tmdy Slater, Administrative Analyst 1501 Tmxmn Avenue* Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780 BAKERSFIELD CALIFORNIA September 5, 2001 5116 Lance Street Bakersfield, CA 93308 CITY COUNCIL Dear Barbara: ltarvey L. ltall Ma:rot At the Legislative and Litigation Committee meeting of August 27, Mark Saivaggio 2001, I asked that if the audience in attendance wished to provide clear and lrtce. Mayor concise suggestions for city staff consideration they should submit them ten WardZ days ahead of the next committee meeting at which the item was to be Irma Carson considered. Ward l The next Legislative and Litigation Committee meeting with this Susan M. Benham agenda item is scheduled for Monday, September 24, 2001 at 1:00 p.m., in the Ward2 City Manager's Conference Room. If you would like to make a submission for consideration, please send or bring it to Tmdy Slater, Administrative Mike Maggard War,tS Analyst, City Manager's Office, 1501 Tmxtun Avenue, Bakersfield, CA 93301, by September 14, 2001 by 5:00 p.m. David Couch Ward 4 I look forward to heating from you. Itarold W. ltanson war,ts Sincerely, Jacquie Sullivan ~ ~ ~bLf~:C C~,,,~ Ward6 ~ ~ Sue Benham, Chairperson Legislative and Litigation Committee Councilmember, Ward 2 P:kL&LkL0109051 cc: Councilmernber David Couch Councilmember Jacquie Sullivan .. Alan Tandy, City Manager Bart Thiltgen, City Attorney Tmdy Slater, Administrative Analyst 1501 Tmxtun Avenue* Bakersfield, California 93301 * (661) 326-3767. Fax (661) 323-3780 BAKERSFIELD CALIFORNIA Sept~aber $, 2001 11700 April Ann Avenue Bakersfield, CA 93312 CITY COUNCIL Dear Becky: i~arvey L. llall Mayor At the Legislative and Litigation Committee meeting of August 27, Mark Salvaggio 2001, I asked that if the audience in attendance wished to provide clear and Vice-Mayor concise suggestions for city staff consideration they should submit them ten Ward ? days ahead of the next committee meeting at which the item was to be considered. Irma Carson Ward l The next Legislative and Litigation Committee meeting with this Susan M. Benlmm agenda item is scheduled for Monday, September 24, 2001 at 1:00 p.m., in the Ward2 City Manager's Conference Room. If you would like to make a submission for consideration, please send or bring it to Tmdy Slater, Administrative MikewardsMae.~ard Analyst, City Manager's Office, 1501 Tmxtun Avenue, Bakersfield, CA 93301, by September 14, 2001 by 5:00 p.m. David Couch Ward4 I look forward to hearing 15om you. ltarold W. }lanson Sincerely, Ward5 Jacquie Sullivan "~(~' //"------~ Ward6 Sue Benham, Chairperson Legislative and LitigatiOn Committee Councilmember, Ward 2 P:kL&LkL0109051 cc: Councilmember David Couch Councilmember Jacquie Sullivan Alan Tandy, City Manager Bart Thiltgen, City Attorney Tmdy Slater, Administrative Analyst 1501 Tmxtun Avenue · Bakersfield, California 93301 · (661) 326-3767 · Fax (661) 323-3780 · 5.32.030 Application--Issuance--Fee. Page 1 of 1 Cl~apte r. 5.32 MA~S~.GE ES.~,~ 5.32.030 Application--Issuance-Fee.. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than fourteen days prior to Commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, two previous addresses immediately prior to .present address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, previous employment for the three years immediately preceding the date of application, prior licenses .held and whether such licenses were ever revoked or suspended and the reason therefor, and the arrest record if an.y, of the applicant and of all' persons who will manage the business; 2. The,name, mailing address and location of the business; and 3. The business tax certificate .number of the.business. B. Each application shall be submitted along with two portrait photographs at-least -two inches by two inches. C~ Each applicant shall submit a valid diploma or certificate of graduation from a school or other institution licensed by the State of California Department of Education, wherein the method, professior and work of massage is taught. D. The city manager.or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful. 2. That neither the applicant nor any manager of the business has'been convicted of a crime substantially related to the qualifications, functions or duties 'of the business for which application is made, unless he has obtained a certificate of rehabilitation. 3. That neither the applicant nor any manager of the business has done any act inv°lving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to ·health, structural soundness, fire safety and zoning. 5. That a valid business tax certificate has been issued for this business. 6. The applicant is eighteen years of age or older. 7. The applicant for a permit to operate as a massage technician has been granted a valid diploma or ~,,~ certificate.of graduation from a school or other institution 'licensed by the State of California Department of Education wherein 'the method, profession or work of massage technicians is taught. 8. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds thatthe reasons for such revocation.are unrelated to this application. E. The applicant shall pay a fee not to exceed the cost of processing any such application as set forth in Section 3.70.040. (Ord. 3343 § 2, 1991' Ord. 3314 § 1, 1990) ..,~ http :~/bpc~iserver~net/~~des/bakers~d~-D A T A/T~TLE~5/Chapter-5-3 2-MASSA GE-E~T A~~~ 6/18/2001 5.32.030 Application--Issuance--Fee. Page 1 of 1 '[it.!.e...~. BU~ IN.ESS.TAXES ,.!~!CEN S.E~S_AND...REG.!J.I~ASF!QNS ~1~ pre {. 5,32...M.._A_S.. S.,~G.E ES'FA BL ! SH ME N TS~ 5.32.030 Application--Issuance--Fee. A. Applications for permits under this section shall be made on forms to be furnished by the city manager or his designee, shall be submitted no less than fourteen days prior to commencement of business, shall be signed under penalty of perjury by the applicant and shall require the following information: 1. The name, mailing address, two previous addresses immediately prior to present address, title, telephone number, previously used names, date of birth, sex, height, weight, eye color, hair color, driver's license number, social security number, previous employment for the three years immediately preceding the date of application, prior licenses held and whether such licenses Were ever revoked or suspended and the reason therefor, and the arrest record if any, of the applicant and of all persons who will manage the business; 2. The name, mailing address and location of the business; and 3. The business tax certificate number of the business. B. Each application shall be submitted along with two portrait photographs at least two inches by two inches. C: Each applicant shall submii a valid diploma or certificate of graduation from a school or other institution licensed by the State of California Department of Education, wherein the method, profession and work of massage is taught. D. The city manager or his designee shall, in his discretion, issue a permit if he finds: 1. That the application is complete and truthful. 2. That neither the applicant nor any manager of the business has been convicted of a crime substantially related to the qualifications, functions or duties of the business for which application is made, unless he has obtained a certificate of rehabilitation. 3. That neither the applicant nor any manager of the business has done any act invOlving dishonesty, fraud or deceit with the intent to substantially benefit himself or another, or substantially injure another. 4. The building and the business for which the application is made will be maintained and conducted in accordance with all laws of the city and the state, including, but not limited to health, structural soundness, fire safety and zoning. 5. That a valid business tax certificate has been issued for this business. 6. The applicant is eighteen years of age or older. 7. The applicant for a permit to operate as a massage technician has been granted a valid diploma or certificate of graduation from a school or other institution licensed by the State of California Department of Education wherein the method, profession or work of massage technicians is taught. 8. That the applicant has not had a permit, issued under this section, revoked, unless the city manager finds that the reasons for such revocation are unrelated to this application. E. The applicant shall pay a fee not to exceed the cost of processing any such application as set forth in Section 3.70.040. (Ord. 3343 § 2, 1991: Ord. 3314 § 1, 1990) htt'p://bpc.iserver.net/codesPoakersfld/_DATA/TITLE05/Chapter 5 32 MASSAGE_ESTA... 6/18/2001 BAKERSFIELD MEMORANDUM June 28, 2001 TO: HONORABLE MAYOR AND CITY COUNCIL SLATER, ADMINISTRATIVE ANALYST III ~ ~ PROM: TRUDY STAFF TO LEGISLATIVE AND LITIGATION COMMITTEE r-r== ~' SUBJECT: LEGISLATIVE AND 'LITIGATION COMMITTEE MEETING HANDOUT At the Legislative and Litigation Committee meeting of June 26, 2001, Mr. Jeff Thielscher, financial director for KCPA-TV, presented to the committee chair a thick folder of documents containing: A KCPA-TV summary on PEG access Miscellaneous letters from KCPA-TV Miscellaneous letters to KCPA-TV Copies of County ordinances County staff report regarding D. Mason request re cable television public access channel Miscellaneous information relating to KCPA-TV Time Warner Cable Public Access .Policies and .Rules The material is available for your review in the City Manager's Office should you so desire. (P:\L&L~'VI010628.1 ) cc: Alan Tandy, City Manager; John W. Stinson, Assistant City Manager Bart Thiltgen, City Attorney BAKERSFIELD MEMORANDUM June 28, 2001 TO: HONORABLE MAYOR AND-CITY COUNCIL TRUDY SLATER, ADMINISTRATIVE ANALYST III ~ ~ FROM: STAFF TO LEGISLATIVE AND LITIGATION COMMITTEE SUBJECT: LEGISLATIVE AND LITIGATION COMMITTEE MEETING HANDOUT At the Legislative and Litigation Committee meeting of June 26, 2001, Mr. Jeff Thielscher, financial director for KCPA-TV, presented to the committee chair a thick folder of documents containing: A KCPA-TV summary on PEG access Miscellaneous letters from KCPA-TV Miscellaneous letters to KCPA-TV Copies of County ordinances County staff report regarding D. Mason request re cable .television public access channel Miscellaneous information relating to KCPA-TV Time Warner Cable Public Access Policies and Rules The material is available for your review in the City Manager's Office should you so desire. (P:\L&L\M0106281 ) cc: Alan Tandy, City Manager; John W. Stinson, Assistant City Manager Bart Thiltgen, City Attorney ADMINISTRATIVE REPORT I MEETING DATE: May 16, 2001 AGENDA SECTION: Reports ITEM: TO: Honorable Mayor and City Council APPROVED FROM: Alan Tandy, City Manager DEPARTMENT HEAD //~ DATE: May 1, 2001 CITY ATTORNEY /~ CITY MANAGER SUBJECT: Legislative and Litigation Committee Majority and Minority Reports regarding Policy on RePortable Closed Session Action 1) Legislative and Litigation Committee Majority Report No. 3-01 2) Legislative and Litigation Committee Minority Report No. 4-01 RECOMMENDATION: Legislative and Litigation Committee recommends acceptance of reports. Council action to be determined. BACKGROUND: At the Legislative and Litigation Committee meeting of April 23, 2001, the Committee discussed *'the issue of reporting actions taken in closed sessions of the City Council. The current practice is to report an action taken without identifying individual councimember affirming or dissenting votes. The Committee discussed whether the policy should be changed so that the public would be informed of both the vote count and the names of dissenting councilmembers. It was indicated by the City Attorney that reporting of actions taken in closed session is governed by state law. Whether reportable actions are reported by vote count or by dissenting councilmembers is a matter of Council policy. The City Attorney was directed to prepare a memorandum_identifying pros and cons of reporting out actions taken by vote count and by dissenting councilmembers. Majority Report 3-01 recommends Council implementation of a policy to make available to the public the voting record of reportable actions taken by indicating whether or not a vote was unanimous, and if it was not, to indicate the dissenting votes. Minority Report 4-01 recommends Council seek further review of the pros and cons of the policy proposed in the majority report prior to Council decision to implement. In accordance with Council Resolution 58-96, a Council policy shall be adopted by resolution. (P:~&L~ADM01-05-16-1) f May 3, 2001, 3:31pm CITY OF BAKERSFIELD LEGISLATIVE AND LITIGATION COMMITTEE REPORT NO. 3-01' MAY 16, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: MAJORITY REPORT RECOMMENDING POLICY ON REPORTABLE CLOSED SESSION ACTION At the Legislative and Litigation Committee meeting of April 23, 2001, the Committee discussed the issue of reporting actions taken in closed sessions of the City Council. The current practice is to report an action taken without identifying individual councilmember affirming or dissenting votes. The Committee discussed whether the policy should be changed so that the public would be informed of both: 1) the vote count, and 2) the names of dissenting councilmembers. A majority of the Committee members felt reportable actions should be *reported to indicate whether or not a vote was unanimous, and if it was not, to indicate the dissenting votes. Both the current method of reporting and the proposed method are allowed by State law. The choice of method is a policy decision to be made by the Council As an alternative to the proposed policy change, the Committee also discussed the option of removing a reportable action item from the consent calendar for separate consideration. This option would provide public disclosure of a contested action if, and only if, a councilmember removed it for separate consideration. The City Attorney recommended against this option because a consistent policy with respect to all reportable CITY OF BAKERSFIELD PAGE 2 LEGISLATIVE AND LITIGATION COMMITTEE MAY 16, 2001 REPORT NO. 3-01 action is preferred to addressing the public disclosure issue on a case by case basis. A City Attorney memorandum is attached identifying all pros and cons of reporting out actions taken by both the current and proposed methods of reporting. In accordance with Council Resolution 58-96, a Council policy shall be adopted by resolution. Legislative and Litigation Committee members Benham and Couch respectfully request acceptance of this report. They further request implementation of Council policy to make available to the public the voting record of reportable actions taken by indicating whether or not a vote was unanimous, and if it was not, to indicate the dissenting votes. Respectfully submitted, Councilmember Sue Benham, Chair Councilmember David Couch (P:~L&L~J.RPT3-01) CITY OF BAKERSFIELD LEGISLATIVE AND LITIGATION COMMITTEE REPORT NO. 4-01 MAY 16, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: MINORITY REPORT RECOMMENDING POLICY ON REPORTABLE CLOSED SESSION ACTION At the Legislative and Litigation Committee meeting of April 23, 2001, the Committee discussed the issue of reporting actions taken in closed sessions of the City Council. The current practice is to report an action taken without identifying individual councilmember affirming or dissenting votes. The Committee discussed whether the policy should be changed so that the public would be informed of both: 1) the vote count, and 2) the names of dissenting councilmembers. A minority of the Committee members felt that Council should seek further review on the pros and cons of the policy proposed in the majority report prior to Council decision to implement. Legislative and Litigation Committee member Councilmember Sullivan respectfully requests Council acceptance of this minority report. She further requests Council take no action to formulate a Council policy on closed session action reporting whether or not a vote was unanimous, and if it was not, to indicate the dissenting votes without further-review on the pros and cons of.the proposed policy. Respectfully submitted, Councilmember Jacquie Sullivan (P:%&L%RPT4-01) ADMINISTRATIVE REPORT I MEETING DATE: May 16, 2001 AGENDA SECTION: Reports ITEM: TO: Honorable Mayor and City Council ~_p_..~. Alan Tandy, City Manager DEPARTMENT HEAD FROM: DATE: May 1, 2001 CITY ATFORNEY CITY MANAGER ,SUBJECT: Legislative and Litigation Committee Report No. 5-01 regarding Standard Noticing Policy on Written City of Bakersfield Public Notices RECOMMENDATION: Legislative and Litigation Committee recommends acceptance of report and implementation of its recommendation. BACKGROUND: At the Legislative and Litigation Committee meeting of April 23, 2001, the Committee discussed standard noticing policies of the City and viewed illustrations printed in the Bakersfield Californian, an adjudicated paper of general distribution for the Bakersfield area. It was agreed that the use of the Bakersfield "squiggle" on all written City of Bakersfield public notices would be distinctive -'and set them apart from others. The Committee unanimously recommends the Council adopt a standard noticing policy requiring the Bakersfield "squiggle" on all written City of Bakersfield public notices. In accordance with Council Resolution 58-96, a Council policy shall be adopted by resolution. (PN.&L~ADM01-05-16-2) May 3, 2001,3:37pm CITY OF BAKERSFIELD LEGISLATIVE AND LITIGATION COMMrn'EE REPORT NO. 5-01 MAY 16, 2001 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBJECT: STANDARD NOTICING POLICY ON WRITTEN CITY OF BAKERSFIELD PUBLIC NOTICES At the Legislative and Litigation Committee meeting of April 23, 2001, the Committee discussed standard noticing policies of the City and viewed illustrations printed in the Bakersfield Californian, an adjudicated paper of general distribution for the Bakersfield area. It was agreed that the use of the Bakersfield Usquiggle" on all written City of Bakersfield public notices would be distinctive and set them apart from others. The Committee unanimously recommends that the Council adopt a policy requiring the use of the Bakersfield "squiggle" on all written City of Bakersfield public notices. In accordance with Council Resolution 58-96, a Council policy shall be adopted by resolution. Therefore, the Legislative and Litigation Committee respectfully requests the Council accept this report and implement its recommendation. Respectfully submitted, -- Councilmember Sue Benham, Chair Councilmember David Couch Councilmember Jacquie Sullivan (P:~&L%RPT5-01) BAKERSFIELD MEMORANDUM April 3, 2001 TO: COUNCILMEMBER SUE BENHAM ?_U V STAFF 'TO LEGIS~VE ~D LmGA~ON COMMI~EE ~ SUBJECT: SUBMISSION OF MR. D. K. MA~ON REG~DING KERN COUN~ PUBLIC ACCESS ~ I have attached for the Committee's review a submission provided me on the afternoon of Friday, March 30, 2001 by Mr. D. K. Mason. Mr. Mason's cover letter indicates it identifies where the City could find answers to questions which the Committee had posed' to Mr. Mason. It also references a KCPA Business Plan which was to be delivered shortly. (As of Tuesday morning, the KCPA Business Plan had not been delivered.) I am forwarding to you Mr. Mason's submission. It ismyunderstanding that this is Mr. Mason's submission for City Attorney staff review prior to the Legislative and Litigation Committee meeting of April 23. As background information, at the Legislative and Litigation Committee meeting of February 26, 2001 ,Mr. Mason and Mr. Thielscher were asked if they could be ready to present counter-arguments to the City's attorneys, clearly and concisely, by an April meeting. If needed, the item could be revisited at a meeting later in the year. Answers to the following questions were requested by the Committee: 1) specific examples where the cable companies are not ~ compliance with federal rules, including the legal basis for such; 2) the ,legal authority indicating the FCC can supercede franchise contract; 3) verification that Bakersfield is the only city in California that doesn't have or control public access; 4) if a majority of California cities do have public access, how have they accomplished it. Among other issues, Mr..Mason's letter references his enclosed list of 184 California cities with public access television, which he would make arrangements to contact if the City provided the funding for and assistance in formulating such a survey. According to information from the 2000 Census, California has over 470 incorporated cities, nearly 300 of which have populations of 15,000 and more. (P:\L&L~VI0104031) Attachment cc: Legislative and Litigation Committee members Couch. and Sullivan Alan Tandy, City Manager Bart Thiltgen ~ D. K. Mason, P. O. Box 254, Bakersfield, CA 93302 Kern County Public Access TV P.O. Box 254 Bakersfield, CA 93302 www. KCPA-TV.net 661-638-3783 Trudy Slater 30 March~2001 Administrative Analyst III City Manager's Office City Hall 1501 Truxtun Avenue Bakersfield, CA 93301 RE: Kern County Public Access TV Dear Ms. Slater: This page, when attached to the KCPA-TV Business Plan which will be delivered to you later today, shows where to find answers to questions presented to us by the Legs & Lit committee. Page 12 identifies the cable companies serving Kern County and where in their franchise agreements they provide for non commercial, free, public access. I have provided the page number, section, and title of these clauses. The General Services' DiviSion of the County Administrative Office has made these franchise agreements available to the public at the Beale Library Reference Desk. I was asked "If a majority of California cities do have Public Access, how did they accomplish it?" Beginning with pages 19 - 23 is a suggested format that may be duplicated and presented to the (incomplete) enclosed list of approximately 184 California Public, Educational, & Government Access Channels. Due to the large, number of cities involved, KCPA-TV requires a grant in a sufficient amount of money to poll the listed organizations. We request your assistance in designing a questionnaire to. get the exact information you'd want. If we poll these locations via FAX, we need telephone expenses. If a letter is needed, then we need postage expenses. As we don't have a volunteer willing to do this work, we request money to hire a temporary or contract worker. Our 501(c)3 paperwork is ready to be mailed once we have funding for filing fees for Sacramento and the I.R.S. We do have working relationships with 501(c) 3's willing to administer grant monies we may receive. : IOOg 0 Now lets go see one major example of the specific federal law violations that Warner Cable (Bakersfield) is alleged to be breaking. You sent me a copy of their ~Time Warner Cable Public Access Policies and Rules". Item #2 on page 1 is brought to your attention. Also, I have a copy of their "PUBLIC ACCESS STATEMENT AND AGREEMENT OF COMPLIANCE" dated 07-Dec-2000, and claim that items 2 & 3 are illegal for the same reasons. These reasons are detailed .in the attached 3 pages "Laws Affecting Community Media". This is the same copy I FAD(ed over to Mr. Thiltgen on 3/15/01. As you can clearly see on page 2 and section (e)of this report, the Warner agreements contain language prohibited by federal law. As for the authority of your franchising agency to assist KC?A-TV, and to regulate the cable company, all 3 pages need no additional help. But if you did want more information, the source documents are available by following the links at the bottom of the 3=~ page. It should be addressed that federal law requires the compliance with section (d), and to my knowledge the City of Bakersfield has not done so yet. If I'm wrong, please provide me with a copy of your rules and procedures as required by this law. We hereby petition that you not~.authorize.the sale of public access channel capacity from 6:00 in the morning until midnight, seven days a week. I hope all of the questions requested at our last meeting have been addressed here. You are encouraged to contact me ANYTIME I may be of service to my community. Signed, Kern Co.unty .Public ACcess TV, Inc. A California non-profit Public Benefits Corporation doing business as: KCPA-TV i' · :; Proposal and Business Plan February 5, 2001 "Your Story Told Your Way" P.O. Box 254 Bakersfield, California 93302 Table of Contents Executive Summary Why Public Access Television? The New Town Square Enabling Real Public Discourse "It's not Wayne's World It's Your World" The Dump Patrol "Sometimes TV Isn't the problem. It's the Solution." ' "It's 8:30, do you know where your brains are?" Mastering The Possibilities The Need for Community-Based Media in Kern County Who Uses Community-Based Media? Background on local Public Access TV Overview of Kern County Public Access TV Goals: Community Video Projects in Various Stages KCPA- TVs other major projects include: Board of Trustees Establishment & Interconnections for Public Access TV Channels Total Subscribers in the Unincorporated Areas of Kern County Management of the Public Access TV Channels Programming Programming Sources Programming Policies Producers Responsibilities Establishment of.Community Media Access Center(s): Purpose Site lnterconnection www. KCPA-TV.net 2 Staffing: Executive Director: Access Coordinator: Programming Director: Studio Director/Engineer: Administrative Assistant: Initial Equipment: Playback and Master Control Head-End Field Production Equipment: Linear Edit Suite: Nonlinear Edit Suite: Production Studio: Dub Rack: Funding: Proposed Budget Funding Sources: City - County Franchise Fees Grants: Charitable Contributions: Memberships: Fund-raisers: Fees for use of production facilities by nonresidents and grant-funded projects Appendix A: Organizations in Support of Public Access TV Appendix B: Financial Statements Appendix C: Producer's Agreements and Rules Appendix D: Initial Equipment Lists and Pricing Appendix E: Expense Details Appendix F: Public Access TV Comparisons (Recent Public Access TV Start-ups) Greensboro Community Television, Inc. (GCTV) Greensboro, NC Petaluma Community Access, Inc. Petaluma, CA Santa Rosa Community Media Access Center, Inc. Santa Rosa, CA Examples of Public Access TV Leaders: "Access Sacramento Allen County Public Library TV Center "Library for the Future" Fort Wayne, IN Appendix G: Cable Franchise Grantees in Kern County Appendix lt: Public Law 98-549 - October 30, 1984 Appendix J: Bylaws for KCPA-TV www. KCPA-TV.net 3 Executive Summary This proposal is to link or interconnect, activate, program and manage eight (8) of the public access television channels in Kern County in 2001-2003, along with establishing one or more community media access centers in the County, managed by a nonprofit 501(c)(3) California Public Benefits CorpOration, Kern County Public Access TV, Inc. (dba) KCPA-TV. The main purpose of this proposal is to provide a non-discriminatory means for community accessibility to non-commercial video productions and County wide cablecasting, which does not currently exist for Kern County residents. D. K. Mason-recently conducted a study of eight (8) of the Cable Franchise Ordinances /Agreements in Kern-County and various Grantees, and concluded that independent, community- based television -- public access TV -- is something that Kern County residents thought was so valuable and important that it was provided for in each Franchise Agreement. The primary components of this proposal include: Activation of and linking all of the cable TV public access channels called for in the cable franchise agreements, and the coordination of them for public access television use; The establishment of at least one community media access center in Kern County with facilities, staff, training and equipment to facilitate the community's video production and playback requests; Eventual broad-based funding to augment use of existing cable television franchise' fees and equipment grants; Programming of public access television channels and management of the community media access center by KCPA-TV. Aside from the direct benefits of having public access television channels and community media access centers, there are other benefits of this particular plan: · No additional cost to cable subscribers or Cable operatOrs* · Maximizedflexibility in the use of the cable television access channel since apublic access channel can accommodate all types of non-commercial programming, including the use of low cost consumer electronic video recording equipment. KCPA-TV's vision of managing and promoting public access television in Kern County is one of accountability, high utilization and quality through community outreach and suppor~ services for nonprofit organizations, long-term viability, and fiscal responsibility. www.KCPA-TV.net 4 Why Public Access Television? The New Town Square Despite all the hype about the internet, the primary means of disseminating information, ideas and entertainment - mass communications -- is the television. People are much more likely to stand around the proverbial water cooler and discuss last night's episode of "Friends" or the shocking "Dateline" segment rather than the thoughtful, funny, or controversial editorial in the morning's newspaper or the long-running debate in an internet newsgroup. ... Consequently, when we talk about the First Amendment, the power of it is greatly diminished i".. when the average citizen or community group is effectively locked out of the most important vehicle of mass communication, television, because of commercial TV's cost and lack of access. Most people understand that nearly all media, including TV, radio, newspapers, and magazines, are owned and controlled by a handful of media conglomerates driven almost exclusively by profit. What we see on television, therefore, is that which maximizes profit -- not that which is most newsworthy or beneficial to a community. That is where public access television comes in. It is TV for and by the community. Local. Independent. Non-discriminatory. Open. The new town square. Enabling Real Public Discourse How many times have we not really understood a hotly contested issue in the City-County Council? How many times have we felt something was not quite right about the news blip we saw on television? How many times have we felt that our views were not represented in the current-debate between The Left and The Right? How many times have we known of an important story that was neglected by the major media? Talk radio and occasional town hall meetings have tapped into this desire for public discourse but they fall short of being truly open and independent. The power of public access television is in its ability to enable real public discoUrse and encourage participation. Not just political soundbites. Not just the views of the annointed- appointed, powerful few. Not just the views that benefit corporate sponsors. Public discourse and citizen participation are the foundations of a democratic society. "For democracy to work, a broad range of people have to be able to participate in public discourse. What happens is that a lot of public discourse happens on newspaper or television or radio. If it's too expensive, it starts to limit the realm of democracy itself," says David Welch, Co-Founder of One World Media Center. www. KCPA-TV.net 5 "It's not Wayne's World. It's Your World." (Arlington (VA) Community Television motto) People like to poke fun at kooky or controversial public access programming. Like most other cities, nearly half the public access programming is religious. It enables local churches and religious organizations the opportunity to share their ministries and good works with their fellow citizens. Now that public access is here, far more churches are able to afford to be on television. Another segment of the communitY that benefits significantly from public access television is neighborhood and community organizations and non-profit corporations. The value of video to such organizations is well recognized, but without public access television, their ability to produce and broadly disseminate the videos is highly limited. "The potential for community involvement through public access TV is seemingly boundless," writes authors Frances Moore Lappe and Paul Marin DuBois in The Quickening of America. Public access allows groups to fulfill their educational missions, solicit volunteers, or get their issues out to the public, fully, and in their own words. Following are just a few examples of the 20,000 hours of new programs produced each week in the United States with community media, and how they 'benefit their communities: With increasing awareness about local issues and encouraging involvement as part of its mission, Davis Community Television (DCTV) in California features election programming for the City Council and special-elections. "We expect to play a key role, particularly during elections, in helping the campaigns to get information out to the voters, and in facilitating robust civic discourse on the issues," explains Executive Director, Kari Peterson. On election night, DCTV's election coverage features call-in commentary from the voters. The Dump Patrol After witnessing East .Coast trucks dumping waste in a landfill just a few hundred yards from her home, Terry Moore of Center Point, Indiana organized 75 of the only 250 people in her town to video tape every out-of state track entering the landfill for 60 hours a week for over 14 months. In the process, she discovered that these same trucks were barely cleaned before being loaded with food to ship back to the East Coast. She showed her video on her local public access channel, took her video to the State Legislature and gave it to local television broadcaster. It eventually aired on "ABC Nightly news," "The MacNeil Leher News Hour" and the "Phil Donohue Show." Her efforts led to the regulation of out-of-state dumping in Indiana and testimony before Congress. "Without the video, I don't think our message would have gotten out. The video was something people could relate to" states Moore. www. KCPA-TV.net 6 "Sometimes TV Isn't the problen~ It's the Solution." (CAN TV Motto) "Teen Moms Only," a public access program on CAN TV-21 in Chicago, has won numerous local and national awards and been used by social services agencies around the country. The mission of "Teen Moms Only" states: "Teen moms will be responsible, educated parents. We will create a safe and heakhy environment for our children. As our children% first teachers, we will read and talk to, praise and nurture them bom birth. We will not have more children until we are financially, emotionally and mentally prepared. We will reach out to other teen moms in need of help. We will seek out support services that will help us become independent. We will not be victims." The formula for "Teen Moms Only" is simple: teen moms reaching out to other teen moms about the issues that affect them, sharing personal stories, and offering suggestions for successful and responsible parenting and use of available support services during a live, call-in program. "All too oi~en, television reinforces stereotypes and negative images, but 'Teen Moms Only' demonstrates that television also has the power to break down stereotypes," says Renee Dolezal, an English teacher at Arts of the Living High School who created the program. "It's 8:30, do you know where your brains are?" So starts an.episode of"Paper Tiger Television" (PPTV), the legendary Manhattan public access program-turned-institution that has been "reading" the mass media since 1981. Some may call it media literacy, but PPTV explains, "A friendly name for detailed analysis, 'reading' a publication or program means taking it apart, sometimes page-by-page or scene-by-scene, exploring links between its production, its audience and its sponsor. While exposing the hidden ideologies in commercial television, film advertisements and print media, Pager Tiger also aims to disrupt the TV beliefs of its viewers." The PPTV repository of over 200 videos, each bearing the unique imprint of the various members of PPTV over the years, includes critiques on wide ranging topics from violence in children's cartoons and media coverage of domestic and international events, to "Beverly Hills 90210." Mastering The Possibilities With the increasing concentrationof ownership in commercial media, cross-promotion of programming and products, and vertical programming taking place in the cable television industry, it.is all the more important to carve out a place for the community's voice with public access television. The potential uses of public access television in Kern County and the benefits to her citizens are tremendous. www. KCPA-TV.net 7 The Need for Community-Based Media in Kern County Community media access centers, like the ones KCPA-TV organizers have visited in Orange County, Honolulu, San Francisco, Bloomington, and Kichmond, Indiana, Grand Kapids, Michigan, and Portland, Oregon, provide the almost free of charge means for organizations and individuals to share their interests, information, entertainment and ideas with the entire community through television production and cablecast, community radio, and the Internet. Such non-commercial media communication is thereby accessible to everyone, regardless of income or occupation, and provides a foundation for a more thorough, diverse, and imaginative public discourse to take place. Who Uses Community-Based Media? · Today, through community television around the country, thousands of community groups.and over one million individuals produce more than 20,000 hours of new local programming each week -- more than all programs produced by NBC, CBS, ABC, Fox and PBS combined. Children, senior citizens, community groups, neighborhood associations, religious organizations, schools, and nonprofit corporations are creating local, original television programming themselves, for their communities. As is the case in many locales, where religious programming constitutes almost half °fthe programming on public access TV channels, churches and other religious .organizations often represent the single, largest group of users of community-based media resources. Nonprofit organizations are another important group of users. Effective use of communication tools, in particular video, can make all the difference in educating the community on an issue or program, or even in raising funds; however, for all but the largest nonprofits, the cost of video production, either in-house or through a commercial production house, puts this tool out of reach. Non-commercial, community-based media is a natural solution for nonprofits, and many community media organizations have added services to facilitate its use by nonprofits. Background on local Public Access TV The City of Bakersfield chose not to specifically require a public access TV channel in their COX Communications Bakersfield, Inc. Franchise Agreements. (Ordinance No. 1552 New Series dated 23-Feb-65). Citizens desiring use of the free public channel may do so via the Kern County franchise agreements. However, their contract at Section 13 titled "Regulation of Rates and Services" provides the City Council the power to "... require Grantee to conform to reasonable rules and regulations adopted by the City Council, including...". KCPA-TV believes there are specific federal mandates requiring the franchising authority to set roles and policies concerning such channels. As neither the County nor the City has been petitioned to d° so, this organization is making recommendations and submitting petitions for management. They did provide public access in the agreement with Time Warner (Ordinance No. 2518 New Series dated 29-Aug-78) on page 7 Section 6 under "RIGHTS RESERVED TO CITY". www. KCPA-TV.net 8 ° (b) Neither the granting of this franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. On page 10 at Section 7 SERVICES TO BE PROVIDED, we read at: (e) At any time alter the Grantee has installed at the subscriber terminal, not less than thirty five (35) channels of video signals throughout its entire CATV System situated within the franchise area and from time to time thereafter, the City Council may require that the Grantee make one (1) such channel available primarily for educational use and one (1) such channel available primarily for public access. Because such a channel is already available, this organization will request the franchising authorities set policies for fair use by the third party beneficiaries. The need for non-commercial access to cable TV channels has been long recognized. What is now public, education and government (PEG) access TV on cable grew out of a movement for alternative and non-commercial media that began in the late 1950%. In 1972, the Federal Communications Commission (FCC) first requked three access channels on cable systems with more than 3500 subscribers. This requkement was overturned by the Supreme Court, then changed with subsequent legislation. Today, PEG access channels are not a federal requirement; however, the fight of local cable TV franchise authorities to require PEG access channels was part of the Cable Television Act of 1992. This right has been further upheld by the Courts. The history of public access television in Kern County begins with a 1965 City Ordinance and the 1978 franchise agreement the County signed with American Cablevision (now Time Warner) that provided one public access TV channel. As of today, public access TV availability is not promoted by the local cable operators, and in a report by County Counsel dated October 2000, KCPA-TV's 1~t Vice President Mr. DeVictor Mason is the first to have mentioned it.' In late 2000, Mr. Mason conducted an ex~ensive "Utilization Review and Uses Study" on Kern County PEGchannels in preparation for negotiations with the local cable operators. Mt'. Masons' report found that Kern County's cable franchise Grantee's had a number of inhibitors: · [] Inadequate or no promotion and outreach, particularly to the viewing community · Equipment that was at the end of its useful life and cumbersome and expensive to use · DUnreasonable fees for the use of equipment and studios · Dlnadequate and unresponsive staffing The study made a number of recommendations to improve public access TV in Kern County, which it found the least developed of its peers: government access and edUcational access. Recommendations included: 1. Developing a funding and management mechanism for public access TV, such as a nonprofit corporation and use of franchise fees 2. Eliminating the bottlenecks and inhibitors in video production 3. t2Replacing playback equipment to allow utilization by the general public 4. Ensuring cable operator compliance with certain sections of the franchise agreements Bakersfield continues to have a well-recognized, government access channel, KGOV, and a dedicated education access channel run by the Superintendent of Schools. Neither of these channels or their production facilities are open for use by the general public. www.KCPA-TV.net 9 Overview of Kern County Public Access TV Kern County Public Access TV, Inc. dba KCPA-TV, a California Public Benefits nonprofit 501(c)(3) corporation, began organizing in late 2000, to address the obvious need for non- discriminatory, community access to communications media and technologies in Kern County. KCPA-TV, Inc. has based its organizatiOn and goals on successful and established community media access organizations across the country, as well as studies on community media access centers commissioned by the State of Hawaii. Our website at www.kcpa-tv.net, provides links to hundreds of public access sites in America and in 16 foreign countries, fi.om which we may draw assistance with all facets of this adventure. Goals: Should the initial funding of $60,000 be obtained and the objectives meet or exceed projections, then during the 2"a and later years KCPA-TV plans to fulfill its mission through the following: Establishing and maintaining community media access centers in Kern County, that would house the equipment needed for the community to produce and cablecast non-commercial media, such as public access television programs, and provide necessary training in video production. · Providing free or Iow cost training to the community in video production, and the use of other types of communications technology. · Managing any local public access TV channel(s), and facilitating cablecasting and broadcast on other channels. · Promoting and educating the public on the value and uses of community based media. · Promoting media literacy and educating the public on the structure of media in the United States. · Providing public service announcements (PSA's) and low-cost video production for County-based nonprofit organizations. · Covering community meetings and cultural events for use on community-access television. · Promoting Public, Educational and Government (PEG) access television on cable. · Promoting additional types of community media and communications technologies such as low power FM radio, Internet, etc. Community Video Projects in Various Stages To raise awareness of the value of community-based media, KCPA-TV will offer to produce a number of video tapes for various community organizations and events, including: www. KCPA-TV. net 10 (name programs here) In late 2000 alone, KCPA-TV contributed over $2,000 worth of volunteer time in taping, producing and editing non-commercial, community-based video. In few cases were the events that KCPA-TV videotaped, covered by the press. In no cases did the press cover the entire events. KCPA-TV's volunteer work is primarily done for small, nonprofit organizations who have a need to promote their programs and ideas, but don't have the resources to hire professional production houses or purchase their own equipment and air-time. KCPA-TV's other major projects include: The FREE MONEY Show is KCPA-TV's may become the most visible project to date. This project, presently consists of six (6) ½ hour videos that examines how citizens may obtain grants, freebies and other assistance, was primarily funded by a grant from D. K. Mason, and has been shown on access television throughout the State of Hawaii. One episode in which appeared a Ph.D. University instructor was also shown to senior Finance students at Hawaii Pacific University, for both its subject matter and its demonstrative value as community based .media, and received very positive written evaluations from the students. YTV Camp: In planned partnerships with selected educational establishments and merchants of Greater Bakersfield, KCPA-TV will initiate a youth video camp that will begin training young adults to be local producers, and airing their work later in 2001. The response KCPA-TV has received from its community organizing work, the continuing requests for our services, and the high interest level, demonstrate the need for community media access centers, and coordination among the various cable Grantees on which we cablecast resultant videos. A list of citizens and organizations who have formally stated their support of this by having made a financial contribution, appears in Appendix A. Board of Trustees Management of KCPA-TV is vested in its Board of Trustees, which are recommended by KCPA-TV's membership according to Bylaws. Some of the 18 KCPA-TV Board members are expected to be: Establishment & Interconnections for Public Access TV Channels ! The foundation of this proposal is the activation of the eight cable TV access channels available on the various cable systems of Kern County, the 2 in the City of Bakersfield and the eventual interconnection of them for public access TV use by KCPA-TV. The provision of this interconnection feature, upon completion of the cable system rebuilds, is a requirement in the I.. franchise agreements signed by both the cable operators and the Kern County Board of Supervisors. The provision of a minimum of one public, education and government access channel is also required by specific sections in each Cable Franchise ORDINANCE. www. KCPA-TV.net 11 Total Subscribers in .the Unincorporated Areas of Kern Countv (10/10/2000) Grantee & Contract No. Subscribers Page & Section ' Title Mediacom California, LLC F-254 5,612 pg 15, Sect. System Capabilities 17 Access to Channels pg , Sect. 29 Mediacom California, LLC F-391 8,293 pg 8, Sect. 17 System Capabilities pg 12, Sect. 29 Access to Channels Edgewise Media F-290-A 115 pg 16, Sect. 17 System-Capabilities pg 28, Sect. Access to'Channels 28 Charter Communications F-364 4,156 pg 18, Sectl 17 System Capabilities pg 29, Sect. 29 Access to Channels Suntel Cable F-426 2,755 pg 8,. Sect. 17 System Capabilities DDD Cablevision F-342 1,252 pg 19, Sect. 17 System Capabilities Time Warner Cable F-406, F-405, 83,456 pg 8, Sect. 17 System Capabilities F-404 COX Communications F-333 not provided pg 18, Sect. 17 System'Capabilities pg 29, Sect. 29 Access to Channels (Data provided by General Services Division, County Administrative Office) Although the City of Bakersfield cable franchise agreements only specifically call for education and government access channels, the City Council has the authority, per Section 13. "Regulation of-Rates and Services" (a) and (b) of the COX COMMUNICATIONS BAKERSFIELD, INC. FRANCHISE AGREEMENT, and 47.USC 531 "SEC.611 (a)-(b)-(c) to promulgate rules and procedures for the use of access channels, it has not exercised this authority to allow or promote access channel availability. Management of the Public Access TV Channels KCPA-TV, Inc. proposes that it be designated, under contract, as the management agent for all of the public access TV channels. Our research has found that management by a nonprofit corporation is the most effective and stable means to achieve the goals of community-based media. KCPA-TV's proposed budget includes the estimated costs of a consultant to assist with start-up planning, and to review operations after two years. www. KCPA-TV.-net 12 Programming CPA-TV s primary objective ~s to promote local, pubhc access TV programming that is in[brmative, high quality, and beneficial to the citizen's of Kern County. Acore component of the KCPA-TV programming strategy will involve an organized outreach program to community, arts and religious organizations. Programming Sources In accordance with the purpose of KCPA-TV, the primary focus on programming sources is the production and dissemination of locally produced, non-commercial programming by the community, both individuals and organizations. In recognition of the time necessary to build a full schedule of such programming, the following will be pursued to provide 'high quality, maximum utilization of the public access TV Channels: 1. New public access TV programming originating in Kern County 2. Programming from public access TV producers in the nearest surrounding counties 3. Other non-commercial programming 4. Deep Dish TV, a nonprofit, national public access TV satellite service 5. The-best of previous .public access programming Programming Policies The Board of Trustees of KCPA-TV will establish policies to support its objective of high quality programming that is beneficial to the citizens of Kern County, while at the same time not abridging the First Amendment fight of freedom of expression. All public access programming is subject to local, State and Federal laws regarding obscenity, libel, slander, copyright infringement, etc. KCPA-TV will maintain valid local contact information for each program or series of'programs. Our online links with almost every public access TV facility in America allows us to provide reasonable policies and procedures suitable for member approval. KCPA-TV's programming policy calls for the timeslotting of public access TV programming between the hours of 10 p.m. to 4 a.m. that contains mature language, content or themes. Programmers are responsible for designating their program submissions as having a mature nature, with misrepresentation of programming submissions constituting a violation of the contract between the producer(s) and'KCPA-TV, subject to the producer's suspension from KCPA-TV and public access TV. Members of the various Cable Franchise Areas will receive first priority in program scheduling, while residents of the rest of the area will receive secondary consideration. Programming from outside the Kern County area must be sponsored by a resident / member of our cable franchise areas. See Appendix C, and http://kcpa-tv, net/forms/index.html for additional information. www. KCPA-TV.net 13 Producer's Responsibilities Producers are solely and fully responsible for the content of their programs and any violation of the law or KCPA-TV rules and regulations. Producers must submit a signed Application for Cablecast and Statement of Compliance for ail programs to be shown on the public access TV channels. A current copy or sample of each form will always be available on the website, and in printed form as financing allows. Violations of KCPA-TV rules carry penalties up to and including the suspension of producers from the community media access centers and/or cablecasting. A Grievance committee is available and policies and procedures are reasonable. See Appendix C, and-http://kcpa-tv.net/forms/index.html for additional information. Establishment of a Community Media Access Center Purpose Despite the declining prices of consumer camcorders, the cameras, microphones, lights, studios and editing equipment necessary to produce quality video is out °fthe reach of most residents and organizations of Kern County. The purpose of community media access centers is.to make such equipment and studios readily accessible to ail members of the.community, and to provide proper training on their use. The community media access centers .would also provide the site for the public access TV channel's playback equipment (head-end). Site KCPA-TV's criteria for a site include a centralized location, nearby parking, and accessibility by public transportation. Preferably, such a site would already by outfitted with a studio, but in the absence of that, be able to be outfitted economically. The site would need to have a security system, and sufficient space for a studio, equipment storage, control room, tv;,o edit suites, four offices, a reception area, and a conference room. KCPA-TV is particularly open to any opportunities to partner with a local library, school or other community organization. The office hours of operation Would be 9 a.m. - 10 p.m. on Monday - Friday, 9 a.m. - 6 p.m. on Saturdays, and 12 p.m. - 6 p.m. on Sundays. Interconnection Per sections of their Franchise Agreements, the cable operator is responsible for interconnecting its system with all other systems operating under a franchise granted by the County so that the channels designated for public, educational, and governmental access are transmitted on all cable systems simultaneously and on the same channels. This obligation includes the provision of all devices required to accomplish such interconnection. www. KCPA-TV.net 14 Staffing The primary pUrpose of the staff'for the community media access centers are to encourage and facilitate the use of it and the public access TV channels. Since the initial staff'is small, KCPA- TV will also rely on the use of volunteers and student interns, and require staff members who are willing and able to provide back-up for each other's responsibilities. The initial five, full-time staff positions are: Executive Director: Experienced manager with overall responsibility for day-to-day operations, program development, community outreach, staff development, budgeting, and personnel matters. Also responsible for the required quarterly reports to the Kern County Board of Supervisors, and any to the City Council. Responsible to the KCPA-TV Board and primarily measured by success in meeting targets for utilization, outreach, and user satisfaction. Access Coordinator: Primary facilitator for producers. First point of contact with potential access TV producers: provides orientation on rules, certification, and necessary agreements, schedules initial training, class, etc. Designs, implements and teaches basic training classes Programming Director: Implements the scheduling and playback of programming. Assists in studio productions, scheduling, and equipment check-out/check-in. Studio Director/Engineer: Responsible for maintenance of equipment. Teaches classes in studio direction, lighting, etc. Assists with studio productions. Administrative Assistant: Responsible for all administrative/secretarial assistance; scheduling of training,-studio, edit suites and loaner equipment; check-out/check-in of loaner equipment; and backup-up of LAN server. In mid-2001, KCPA-TV plans to add a programming and production assistant. Initial Equipment (insert list, here) KCPA-TV has developed an initial equipment plan that supports the needs of both novice and more advanced producers, the need for high quality at a modest cost with an eye toward the future, and the need to support a wide variety of media as input for editing. KCPA-TV has followed the majority of local Bakersfield TV station's research and lead in basing its operations on DVCPRO technology, a broadcast quality digital format. In addition to providing high quality and a foundation for the future, this approach gives KCPA-TV compatibility with digital services. KCPA-TV also plans to acquire a satellite downlink for access to programming such as The Deep Dish Network. More advanced equipment, such as an animation suite, may be added later. Members would have to be trained and certified to use the various types of equipment. Ah-ifiitii/l;-detailed---equip~ent-planfor budgeting purposes is / will-b-e-containedin-Appendix D. Playback and Master Control Head-End (insert list, here) An automated playback system with seven DVCPRO tape players and a bulletin board graphics program for announcements and fail-over. The playback system supports up to eight additional tape players for growth and additional automation. A switcher is included to support live-programming. www. KCPA-TV.net 15 Field Production Equipment: (insert list, here) Twelve 1-chip SVHS camcorders, two portable studios, and an assortment of hand held and lavalier microphones, lights, batteries, and tripods for check-out, normally 24 hours. Linear Edit Suite: (insert list, here) This basic cuts-only edit suite for simple produCtions and less experienced producers includes Hi8, SVHS and DVCPRO tape players for input, a cuts- only, basic edit controller, a graphics generator, and DVCPRO 'output for playback. Nonlinear Edit Suite: (insert list, here) This more functional PC-based edit suite, also includes an open architecture for input media (HIS, SVHS, and DVCPRO players), and DVCPRO output for playback. Production Studio: (insert list, here) This full function.studio features three 3-chip digital camcorders (instead of cameras only for maximum produCtion flexibility) on camera dollies, flexible lighting, a telephone interface for call-in programs, and an A/B roll control/edit suite with HiS, SVHS, and DVCPRO tape input, and DVCPRO output. Dub Rack :(insert list, here) This set of VCR's provides conversion to and from various tape formats, such as DVCPRO, SVHS, 3/4", Hi8 and VHS. Funding: KCPA-TV seeks to secure a broad base of funding and revenue sources. KCPA-TV anticipates the following funding sources, listed in order of importance: 1. Charitable contributions* as utilized successfully by Petaluma Community Access, Inc. Petaluma, CA 2.Grants 3. Membership dues 4. Fund-raisers 5. Fees for use of production facilities by no~esidents and grant-funded projects Proposed Budget [insert 2ha] This budget is in line with the budgets of other cable TV access organizations in a City the size of Bakersfield. See Appendix E for expense details, and Appendix F for comparisons with other. community media access centers. www. KCPA~ TV. net 16 Funding Sources: (verify and identify before printing) City - County Franchise Fees Franchise fees are compensation for the cable companies' use of state and local' rights-of-way. The primary purpose and use of cable TV franchise fees.around the country is to fund public, educational, and governmental (PEG) access TV, and the operations of the local franchise authority. The City currently has a 5% cable TV franchise fee which generated approximately $149,000.00 per month in revenue in 1999. Of that, KCPA-TV requests $60K to complete its goal of becoming economically self sufficient a_Rer the 1~t complete year of operating. [insert 3r~] Grants: KCPA-TV plans to apply for both unrestricted and restricted grants from the County Board of Supervisors, and other organizations who stand to benefit from our services. A listing of many potential sponsors is available on our website, under the appropriate heading. For start- up costs, Kern County Public Access TV, requests a grant of only $60,000 from the Capital Fund as a special purpose grant. Charitable Contributions: Kern County Public Access TV, Inc. proposes to use the initial grant to convince the community to agree to a voluntary line item on their cable bill, totaling up to $.25 per subscriber/month (85,142), for public access TV. If the City of Bakersfield claims approximately 85,142 cable subscribers (from a population of 275,000), whose average monthly bill is $35.01, then $21,285.50 per month -is available for operating expenses. The County acknowledges approximately 110,000 subscribers, which could bring in $27.5K/month. This amount is sufficient to initially fund a major community media center and several satellite office facilities that may serve the entirety of Kern County Kern' County Public Access TV, Inc. may establish an account at the Wells Fargo Bank in downtown Bakersfield. We'll encourage members of the community to pursue payroll deductions for charitable contributions to this account, and plan to continue to recruit members at ~ several government and corporate organizations. To date, voluntary charitable contributions are projected to be the largest source of revenue for KCPA-TV. Memberships: Membership is open to the general public and required for use of. any community media access center or the public access TV channels. The current suggested annual membership fee for an individual is $20; a nonprofit organization, $50; and a for-profit organization, $100. Fund.raisers: -- Kern County Public Access TV, Inc. has planned small fund-raisers around video viewings and public events since its formation. This format has proved to also be an effective means of increasing awareness of the value of community-based media, and 'generating memberships and contributions in most other cities. Publicity-promotions will be accomplished through mailings from our KCPA-TV database, online and newspaper advertisements, public speaking at meetings, etc. www. KCPA-TV. net 17 Fees: KCPA-TV will charge modest rates for use of its production facilities by non-residents of the Kern County cable franchise area, and for nonprofit grant-funded productions, until dependable and sufficient funding from reliable sources has been established. All usage of the community media access centers is for non-commercial productions that will be shown on the Kern County public access TV channels. Appendix A: Organizations in Support of Public Access TV: The following organizations have formally stated thek support by financially supporting public access television in Kern County: INSERT letters HERE Appendix B: Financial Statements [insert budget] Appendix C: Producer's Agreement and Rules: (This section consists of numerous forms normally encountered in public access TV stations, and is available online at www:kcpa- tv. net/forms/index, html) Appendix D: Initial Equipment Lists and Pricing [insert equipment] blank pages Appendix F: Public Access TV Comparisons Recent Public Access TV Start-ups Kern County Public Access TV, Inc. has collected information on three, recent start-ups of community media access organizations. This information was gathered through a workshop at the 1998 Alliance for Community Media National Conference, information published by the Buske Group, The Alliance for Community Media's Cable Access Start-up Manual, and personal contact. Additional information on these organizations may be found on their websites. www. KCPA-TV.net 18 Public Access TV Comparisons Greensboro Community Television, Inc. (GCTV) Greensboro, NC Cable company Time Warner Number of subscribers 58,000 Services Public access TV Number of public access TV channels 1+1 reserved Start-up Funding $475,000 Annual Budget $245,000 Annual funding $175,000 Time Warner $50,000 City (years 1-3) Studio Yes (control room can also be used as one person "mini-studio") Portable ~quipment Professional and lightweight camcorders Editing suits 2 cuts-only 1 non linear Format SVHS Staff 5 Notes Runs youth summer media camps Website www. greensboro.com/gctv/ www. KCPA-TV.net 19 Petaluma Community Access, Inc. Petaluma, CA Cable company TCI Number of subscribers 18,500 Services PEG, I-net Number of public access TV channels 1 + option for more Type of management organization Nonprofit corporation Start-up Funding $660,000 An~ nual Budget $115,000 Annual funding Access fee: $.50 per subscriber/month (not part of 5% franchise fee) Facility High school, 2300 sq. t~ Studio Yes ("live to tape" only) Portable Equipment 9 camcorders and 2 portable studios Editing equipment 3 cuts-only suites Format SVHS Staff 2.5 Start-up date/timeframe 9-12 months Notes Trained 223 new producers in first quarter of operation www. KCPA-TV.net 20 Santa Rosa Community Media Access Center, Inc. Santa ROsa, CA Cable company Cable One Number of subscribers 43,000 Services PEG, I-net Number of public access TV channels ! + option for more Start-up Funding $1,200,000 (Cable One) AnnUal Budget $550,000 Annual funding $370,000 City (1/3 of franchise fees) $150,000 Cable One $ 30,000 Miscellaneous revenue Facility 6000 sq. ft Studio Yes (one full studio and one mini "hotline" studio) Portable Equipment 1 chip and 3 chip camcorders; one portable studio Editing equipment 2 basic cuts-only 1 A/B roll and graphics/animation suite, 1 nonlinear Format SVHS Staff 12.5 Notes Has satellite downlink Web site www. communiWmedia, org Examples of Public Access TV Leaders www. KCPA-TV.net 21 "Access Sacramento" Alliance for Community Media, 1998 Community Service Award Winner Sacramento, CA "A nonprofit public service organization dedicated to giving voice to thoughts, dreams, opinions and community events not otherwise seen or heard on commercial and public radio, television and other media." Access Sacramento is one of the most award-winning public access TV organizations in the country. Cable company Comcast Number of subscribers 240,000 Services Public access TV and radio Number of public access TV channels 2, plus Religious access channel, and 2 community radio Stations (one featuring radio reading for the visually impaired) Annual Budget $795,000 Annual Revenue (1997) $609,010 City ( franchise fees) $150,000 Rent from cable company $ 61,300 Earned revenue $ 56,500 Contributions and grants $11,690 Other Staff 12 full-time 15 part-time Web site www. sacramento.org www.KCPA-TV.net 22 Examples of Public Access TV Leaders Allen County Public Library TV Center "Library for the Future" Fort Wayne, IN Fort Wayne's long-term collaboration between the public library and public access TV has earned recognition for the Allen County Public Library as a "Library for the Future" by the Library Advocate journal. "What really makes this collaboration function is that the library and Channel 10 have similar missions: we want community access to public resources." Erik Mollberg, Public Access Coordinator Cable company Comcast Number of subscribers 67,000 Services Public and government access TV and Internet access Number of public access channels 1 Annual budget $440,000 Annual funding $240,000 City (20% of franchise fees) $200,000 Allen County Public Library Staff 4 Full time 2 Part time Website www.acpl.lib.in.us/Television Services/ www. KCPA-TV.net 23 g4. If a majority of California cities do have Public Access, how did they accomplish it? Due to the large number of cities involved, KCPA-TV requires a grant in a sufficient amount of money to poll the various organizations listed. We request your assistance in designing a questionnaire to get the exact: information you want. If we poll these locations via FAX, we need telephone expenses. Ifa letter .is needed, then we need postage expenses. As we don't have a volunteer willing to do this work, we request money to hire a temporary or contract worker. CalifOrnia Public, Educational, & Government Access Channels City Organization Telephone Alameda CA United Artists Cable 510-521-4844 Alhambra, CA Crown Cable Community TV 818-796-9129 Anaheim, CA Multivision 714-632-9222 Arcata,' CA Arcata Community Access TV 707-822-7924 Artesia', CA City Of Artesia 270-865-6262 Auburn,' CA Auburn Area Access 916-878-2488 Auburn,l CA Telecommunications Commission 916-885-6377 Avalon,i CA Catalina Cable TV Channel 3 270-510-2551 Avalon, i CA Elanjae Productions/Video 270-510-0850 Avery, CA Calaveras Community Television 209-754-3666 Berkeley, CA Berkeley Community Media 510-848-2288 Beverl~ Hills, BHN-10 - Beverly Hills Network CA Ch 10 270-285-1178 Bishop,i CA Weststar 12 619-873-4123 Buena Park, CA Buena Park Cable Foundation 714-680-8842 Burlin~ame, CA Pacific Cable TV 415-340-8141 Burney,. CA Burney Falls Cablevision 916-335-4395 Carlsbald, CA Daniels Cablevision 619-438-7741 Carmel, CA Harry Singer Foundation 408-625-4223 Carpinteria, CA City Of Carpinteria 805-684-5405 Carson,i CA Continental Cablevision 270-515-1303 ChatswQrth, CA West Valley Cable Public Access 818-998-2281 Chino, CA City Of Chino 714-627-7577 City of Indus, CA ~ TCI Cablevision of L.A. County 818-855-3370 City o~ Hacienda La Puente Unfd School Industry, CA Dist. ~818-933-1031 City o~ Industry, CA Puente Hills Community Access TV 818-333-2427 ClaremQnt, CA Claremont Public Access TV 909-624-5272 Coalin~a, CA Coalinga Cable TV 209L935-1674 Commerqe, CA City Of Commerce 213-887-4447 Comptoq, CA City Of C0mpton 270-605-5585 Comptoq, CA Continental Cablevision 270-537-7212 Costa Mesa, CA Copley/Colony Local Origination 714-549-5820 Covelo,' CA Center For Educational 415-995-4988 : Priorities Cupertino, CA City Of Cupertino 408-777-3262 Cupertino, CA Cupertino Community Television 408-864-8766 Cypress, CA City Of Cypress 714-229-6696 Cypress!, CA Media One 714-826-8680 Daly Cfty, CA The Eastern Catholic Archdiocese 415-755-4447 Davis, ~CA Davis Community Television 916-757-2419 Del Mar., CA Daniels Cablevision - Channel 38 Desert Hot Sp, CA Desert Hot Springs Cablevision 619-329-6270 Downey, CA Continental Cablevision 270-869-5301 Dublin, CA Viacom Cable 510-828-8520~ E1 Cajon, CA Cox Cable San Diego 619-562-7433 E1 Cajon, CA Unarius Educational Foundation 619-444-7062 E1 Granada, CA Mid-Coast Television 415-726-1750 E1 Monte, CA Cable 3, KELM-TV, City Of E1 818-580-2001 Monte E1 'Segundo, CA E1 Segundo Community Cable 270-615-2650 Fillmore, CA Fillmore Access Television 805-524-3701 Fillmore, CA Fillmore Redevelopment Agency 805-524-3701 Fort Bragg, CA Mendocino Coast/Comm Education 707-961-1127 TV Fremont, CA TCI Cablevision of California - 510-792-0516 Fremont Fresno, CA Continental Cablevision 209-252-8210 Community Program Fullerton, CA Comcast Community Access 714-525-1191 Garden Grove, CA Garden Grove Cable TV Corp. 714-741-5291 Garden Grove, CA Paragon Cable TV Gardena, CA Gardena Cable Usage Corporation 270-516-9289 Gilroy, CA Channel 34 - Community TV 408-842-8512' Project Glendale, CA Foothill Community Televison 818-249-6025 Net. Glendale, CA Sammons Communications 818-246-3212 Hawthorne, CA Hawthorne Cable Usage 270-970-7243 Corporation Hayward, CA United Artists Cable 510-785-6077 Hercules, CA City Of Hercules Hermosa Beach, CA Continental Cable 270-379-8884 Hesperia, CA AM Productions 619-956-2755 Hollywood, CA Continental Cablevision 213-993-8000 La Jolla, CA UCSD TV 619-534-3535 Lake Elsinore, King Videocable Production CA Department 909-245-2952 ~ Lakewood, CA City Of Lakewood 270-866-9771 LaVerne, CA LVTV 3 - Laverne Television 909-392-2731 Long Beach, CA Advance Media Production Center Long Beach, CA Cable Communications Advisory 270-570-1060 Los Alamitos, CA Los Alamitos Television Corp. 270-493-5288 Los Altos Hills Access Los Altos 415-949-7616 -- An~ __ m I .... Los Angeles, CA Century Cable TV 213-255-9881 Los Angeles, CA City Of Los Angeles 213-485-4419 Los Angeles, CA City Of Los Angeles Information 213-485-1354 Technology Agency Los Angeles, CA Continental Cablevision 213-730-9500 Los Angeles, CA Continental Cablevision 213-565-2807 Los Angeles, CA Continental Cablevision Public 270-216-3500 Access Los Angeles, CA Hollywood Film Institute 213-933-3456 Los Angeles, CA Los Angeles Cable Television 213-368-2372 Access Corp. Los Gatos, CA KCAT Los Gatos 408-395-5228 Malibu, CA Falcon Cable TV 270-456-8888 Mammoth Lakes King Videocable'- Mammoth Lakes 619-934-8553 Marina Del Rey· Continental Cablevision 270-822-1575 Martinez, CA Contra Costa County 510-313-1180 Martinez, CA Televents Channel 19 510-228-5863 Millbrae, CA City Of Millbrae 415-259-2332 Monrovia, CA KGEM 3 - Monrovia Cable Usage 818-357-1091 Monrovia, CA Monrovia Cable Usage Corp. 818-932-5555 Morro Bay, CA Esters Community Access 805-772-8684 Mountain View Mountain View Community TV 415-968-1540 Napa, CA Napa Public Access Cable TV 707-257-0574 Newhall, CA Santa Clarita Valley Public 805-253-0730 Novato, CA Soroptimist Intern'l Of Novato 415-898-1398 Oakland, CA Communications Support Group 510-268-1977 Oakland, CA Oakland'Unified School Dist 510-836-8321 Oakland, CA Peralta Colleges Television 510-464-3253 Oceanside, CA Oceanside Community Television 760-722-4433 Ojai, CA Ventura County Cablevision 805-646-5813 Orange, CA CableVision of Orange 714-997-6960 Oroville, CA North Valley Access TV 916-895-2288 Pacifica, CA Pacifica Community Television 415-355-8000 Palm Springs, CA PSC-TV 619-322-7873 Palm Springs, CA PSTV - Channel 17 619-322-2212 Palmdale, CA KAV-TV Channel 3 805-947-3130 Pals Alto, CA City Of Pals Alto 415-329-2313 Pals Alto, CA Mid Peninsula Access Corporation 415-494-8686 Pals Alto, CA The City of Pals Alto 415-329-2206 Pals Alto, CA TMTV Pasadena, CA 55 KPAS 818-794-8585 Pasadena, CA Pasadena Community Access Corp. 818-795-5556 Petaluma, CA Petaluma Community Access 707-773-3190 Pinole, CA Pinole Community Television 510-724-9021 Pittsburg, CA Viacom 25/Pittsburg 510-432-0500 Playa Del Rey Local Originating Pleasanton, CA CTV Pomona, CA Continental Cablevision Redding, CA Redding Community Access Corp. 916-241-7222 Redding, CA Shasta County Office Of Ed/Trc 916-225-0259 Reedley, CA Consolidated Cablevision 209-638-8127 Rialto, CA KRTO - City of Rialto 909-820-2525 Richmond, CA East Bay Center for the 510-234'5624 Performing Arts Richmond, CA KCRT - City Of Richmond TV 510-620-6759 Richmond, CA KCRT - City Of Richmond TV 510-620-6759 Ridgecrest, CA Benchmark Cablevision Channel 3 619-375-6397 Ridgecrest, CA Ridgecrest Community Television 619-375-6087 Rim Forest, CA Community News Weather Found. 909-336-2379 Riverside, CA Crown Cable Local Programming 909-687,2720 Rolling Hills Dimension Cable 270-377-7207 Roseville, CA City Of Roseville 916-774-5360 Rough and Ready Creating Images 916-274-1717 Sacramento, CA Access Sacramento 916-456-8600 Sacramento, CA Sacramento Educ Cable Consortium 916-920-1306 Sacramento, CA Sacramento Metropolitan Cable TV 916-440-6661 San Bernadino, San Bernadino,City Telecom 909-384-5147 .San Bruno, CA City of San Bruno Municipal Cable415-877-8889 San Diego, CA Broadcast Training Institute 619-262-9812 San Diego, CA San Diego County 619-292-3726 San Francisco, City Visions 415-252-6325 San Francisco San Francisco Community TV Corp 415-557-4293 San Francisco, Viacom Cable 415-863-8500 San Jose, CA City of San Jose 408-277-5364 San Jose, CA TCI Cablevision of San Jose 408-452-9130 San Juan Capi, Dimension Cable Services 714-240-1212 San Luis Obispo San Luis Obispo County 805-781-5239 San Marcas, CA RTV 619-744-2440 San Marcos, CA Palomar College Radio-TV Dept. 619-744-1150 San Rafael, CA TCI, Marin 31 415-459-5260 San Ramon, CA Pacific Telesis Video Services 510-806-5261 Santa Ana, CA Comcast Cablevision of Orange Co 714-285-2000 Santa Ana, CA Rancho Santiago College 714-564-5680 Santa Barbara, Aslan Communications. 805-687-2053 Santa Barbara, City Access 18 805-564-5311 Santa Barbara KCTV/Cox Cable, Santa Barbara 805-963-3893 Sahta Cruz, CA Community TV Santa Cruz 408-425-8848 Santa Monica, CA Century Cable TV 270-315-4441 Santa Monica, CA City TV 270-458-8590 Santa Paula, CA City Of Santa Paula/Fillmore 805-933-1880 Santa Rosa, CA Educational Info. Resources 707-524-2834 Santa Rosa, CA Post-Newsweek Cable Santa Rosa, CA Santa Rosa Community Media 707-569-8785 Santee, CA Broadcast Training Institute 800-411-4331 Saratoga, CA Saratoga Community Access TV 408-741-2108 Seal Beach, CA Seal Beach Community Television 270-799-7623 Sierra City, CA Sierra Buttes Cable TV 916-862-1492 Simi Valley, CA Comcast Cablevision 805-526-5721 Sonora, CA Tuolumne County Community Cable 209-536-1888 South Gate, CA Liberty Cable TV 213-566-3991 S. Lake Tahoe Wilderness Productions 916-577-2708 Stockton, CA Continental Cablevision 209-955-6093 Sunnyvale, CA Able Cable Productions 408-720-8069 Thousand Oaks, Thousand Oaks Govt. 805-497-8611 Torrance, CA Anchor Communications 270-784-2270 Torrance, CA City of Torrance 270-618-5762 Tujunga, CA Verdugo Hills Television VHTV) 818-353-9304 Tulare, CA Continental Cablevision 209-688-7593 Tustin, CA Continental Cablevision 714-731-6793 Ukiah, CA Mountain Valley TV Corporation 707-463-3307 Van Nuys, CA United Cable TV 818-781-1900 Victorville, CA Hi-Desert Cablevision 619-241-7843 Vista, CA Dimension Cable Services 619-598-6666 Walnut, CA City Of Walnut 909-595-7543 West Hollywood City of West Hollywood 213-848-6522 West Hollywood West Hollywood Public Access 213-848-6522 West Sacramento Sonic Cable TV 916-372-2221 Whittier, CA Whittier County Community TV 270-946-5022 Willits, CA Willits Community Television 707-459-2528 Wilmington, CA Copley/Colony Harbor Cablevision 270-513-1534 Woodland, CA Woodland Public Accesss TV 916-669-1550 Yuba City, CA Continental Cablevision 916-674-9173 Laws Affecting Community Media Although no federal law mandates public, educational, and governmental (PEG) acccess on cable television, community media does exist within a environment of laws and court decisions. All three branches of government at the levels of govenment have some impact: ILegislative ii-Executive ti Judicial Federal i U S Congress i Federal Communications Commission il~upreme Court ii ' '. [11919 a Street, NW I~ II iIWashington, D.C. 20554 ~l !1 (202) 418-0260 ' ~ i1(202) 418-2812 - fax State/District ~[State House !lState Pub c Utility Commissions L.O.C.a.! ....................................... i L ,c..!,~...C..0. ,u..n..c.!.! ......................... I M....a...Y..°..r..'....L..°...C..a!...C...a..b!e... ,c.. 0...m....m..! .s.s..! .°.. n.. .......................................... il J?d.g..e.s. ........................................ Current Federal Law Regarding Public, Educational and Governmental Access Procedures and Content The following is the complete universe of federal law concerning public educational and governmental access content, facilities, and procedures. Please see state law, local ordinances, or the operating franchise agreement for any further procedures or restrictions. 1934 Communications Act (as amended by 1984, 1992 and 1996 Acts) " SEC. 611. [47 U.S.C. 531] CABLE' CHANNELS FOR PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE. (a) A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use only to the extent provided in this section. (b) A franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator's proposal for a franchise renewal, subject to section 626, that channel capacity be designated for public, educational, or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section. (c) A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment proposed by the cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b). (d) In the case of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescribe-- (i) rules and procedures under which the cable operator is permitted to use such channel capacity for the provision of other services if such channel capacity is not being used for the purposes designated, and (2) rules and procedures under which such permitted use shall cease. (e) Subject to section 624(d), a cable operator shall not exercise any editorial control over any public, educational, or ~~ ~0~ governmental use of channel capacity provided pursuant to this section, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity. (f) For purposes of this section, the term ''institutional network'' means a communication network which is constructed or operated by the cable operator and which is generally available only to subscribers who are not residential subscribers. Code of Federal Regulations (1997) 47 C.F.R. Section 76.702 PubUc Access. A cable operator may refuse to transmit any public access program or portion of a public access program that the operator reasonably believes contains obscenity. For more information: · "Communications Decency Act" Supreme Cou~ Decision Suppo~s First Amendment Rights in Reno ~ FCC · Alliance Legislative Platform to protect and advance access to all electronic media · Alliance Public Policy update archives with pe~inent information about the Telecommunications Act of 1996, FCC rulemakings, and various court cases · U.S. Congress Commerce Committee Members · How a Federal Bill Becomes Law -- and how citizens can affect the process · Federal Communications Commission (FCC). members and contact information · State Public Utility Commissions contact information for the U.S. and Canada · Federal Communications Commission (FCC) link to the FCC site · Thomas Legislative Information link to the legislative database PUBLIC POLICY I .HOME BAKERSFIELD MEMORANDUM April 3, 2001 TO: COUNOILMEMBER'SUE BENHAM CHAIR, LEGISLATIVE AND LITIGATION COMMI'FTEE AFF *TO LEGISLATIVE AND LITIGATION COMMITTEE SUBJECT: SUBMISSION OF MR. D. K. MASON REGARDING KERN COUNTY PUBLIC ACCESS TV I have attached for the Committee's review a submission provided me on the afternoon of Friday, March 30, 2001 by Mr. D. K. Mason. Mr. Mason's cover letter indicates it identifies where the City could find answers to questions which the Committee had posed to Mr. Mason. It also references a KCPA Business Plan which was to be delivered shortly~ (As of Tuesday morning, the KCPA Business Plan had not been delivered.) I am forwarding to you Mr. Mason's submission. It is.my understanding that this is Mr. Mason's submission for City Attorney staff review prior to the Legislative and Litigation Committee meeting of April 23. As background information, at the Legislative and-Litigation Committee meeting of February 26, 2001 ,Mr. Mason and Mr. Thielscher were asked if they could be ready to present counter-arguments to the City's attorneys, clearly and concisely, by an April meeting. If needed, the item could be revisited at a meeting later in the year. Answers to the following questions were requested by the Committee: 1) specific examples where the cable companies are not in compliance with federal rules, including the legal basis for such; 2) the ,legal authority indicating the FCC can supercede franchise contract; 3) verification that Bakersfield is the only city in California that doesn't have or control public access; 4) if a majority of California cities do have public access, how have they accomplished it. Among other issues, Mr..Mason's letter references his enclosed list of 184 California cities with public access television, which he would make arrangements to contact if the City provided the funding for and assistance in formulating such a survey. According to information from the 2000 Census, California has over 470 incorporated cities, nearly 300 of which have populations of 15,000 and more. (P:\L&L~/10104031) Attachment cc: Legislative and Litigation Committee members Couch and Sullivan Alan Tandy, City Manager Bart Thiltgen D. K. Mason, P. O. Box 254, Bakersfield, CA 93302 Kern County Public Access TV P.O. Box 254 Bakersfield, CA 93302 www. KCPA-TV.net 661-638-3783 Trudy Slater - 30 March~2001 A~inistrative ~alyst III City Manager's Office City Hall 1501 Truxtun Avenue Bakersfield, CA 93301 ~: Kern Countv Public Access TV Dear Ms. Slater: This page, when attached to the KCPA-TV Business Plan which will be delivered to you later today, shows where to find answers to questions presented to us by the Legs & Lit committee. Page 12 identifies the cable companies serving Kern County and where in their franchise agreements they provide for non commercial, free, public access. I have provided the page number, section, and title of these clauses. The General Services- Division of the County A~inistrative Office has made these franchise agreements available to the public at the Beale Library Reference Desk. I was asked "If a majority of California cities do have Public Access, how did they accomplish it?" Beginning with pages 19 - 23 is a suggested format that may be duplicated and presented to the (incomplete) enclosed list of approximately 184 California Public[ Educational, & Government Access Channels. Due to the la~rge..number.of cities involved,.KCPA-TV requires a grant in a. sufficient amount of money to poll the listed organizations. We request your assistance in designing a questionnaire to get the exact information you'd want. If we poll these locations via FAX, we need telephone expenses. If a letter is needed, then we need postage expenses. As we don't have a volunteer willing to do this work, we request money to hire a temporary or contract worker. Our 50t(c)3 paperwork is ready to be mailed once we have funding for filing fees for Sacramento and the I.R.S. We do have working relationships with 501(c)3's willing to a~inister grant monies we may receive. 331330S.~Bg~N iooa o Now lets go see one major example of the specific federal law violations that Warner Cable (Bakersfield) is alleged to be breaking. You sent me a copy of their "Time Warner Cable Public Access Policies and Rules". Item #2 on page 1 is brought to your attention. Also, I have a copy of their "PUBLIC ACCESS STATEMENT AND AGREEMENT OF COMPLIANCE" dated 07-Dec-2000, and claim that items 2 & 3 are illegal for the same reasons. These reasons are detailed in the attached 3 pages "Laws Affecting Community Media". This is the same copy I FAXed over to Mr. Thiltgen on 3/15/01. As you can clearly see on page 2 and section (e)of this report, the Warner agreements contain language prohibited by federal law~ As for the authority of your franchising agency to assist KCPA-TV, and to regulate the cable company, all 3 pages need no additional help. But if you did want more information, the source documents are available by following the links at the bottom of the 3rd page. It should be addressed that federal law requires the compliance with section (d), and to my knowledge the City of Bakersfield has not done so yet. If I'm wrong, please provide me with a copy of your rules and procedures as required by this law. We hereby petition that you not.authorize the sale of public access channel capacity from 6:00 in the morning until midnight, seven days a week. I hope all of the questions requested at our last meeting have been addressed here. You are encouraged to contact me ANYTIME I may be of service to my community. Signed, Kern Co.unty .Public Access TV, Inc. A California non-profit Public Benefits Corporation doing business as: KCPA-TV Proposal and Business Plan February 5, 2001 "Your Story Told Your Way" P.O. Box 254 Bakersfield, California 93302 Table of Contents Executive Summary Why Public Access Television? The New Town Square Enabling Real Public Discourse 'Tt's not Wayne's World. It's Your World." The Dump Patrol "Sometimes TV Isn't the problem. It's the Solution." "It's 8: 30, do you know where your brains are ?" Mastering The Possibilities The Need for Community-Based Media in Kern County Who Uses Community-Based Media? Background on local Public Access TV Overview of Kern County Public Access TV Goals: Community Video Projects in Various Stages KCPA- TVs other major projects include: Board of Trustees Establishment & Interconnections for Public Access TV Channels Total Subscribers in the Unincorporated Areas of Kern County Management of the Public Access TV Channels Programming Programming Sources Programming Policies Producer's Responsibilities Establishment of Community Media Access Center(s): Purpose Site Interconnection www. KCPA-TV.net 2 Staffing: Executive Director: Access Coordinator: Programming Director: Studio Director/Engineer: Administrative Assistant: Initial Equipment: Playback and Master Control Head-End Field Production Equipment: Linear Edit Suite: Nonlinear Edit Suite: Production Studio: Dub Rack: Funding: Proposed Budget Funding Sources: City - County Franchise Fees Grants: Charitable Contributions: Memberships: Fund-raisers: Fees foruse of production facilities by nonresidents and grant-funded projects Appendix A: Organizations in Support of Public Access TV " Appendix B: Financial Statements Appendix C: Producer's Agreements and Rules Appendix D: Initial Equipment Lists and Pricing Appendix E: Expense Details Appendix F: Public Access TV Comparisons (Recent Public Access TV Start-ups) Greensboro Community Television, Inc. (GCTV) Greensboro, NC Petaluma Community Access, Inc. Petaluma, CA ,' Santa Rosa Community Media Access Center, Inc. Santa Rosa, CA [' Examples of Public Access TV Leaders: "Access Sacramento Allen County Public Library TV Center "Library for the Future" Fort Wayne, IN Appendix G: Cable Franchise Grantees in Kern County Appendix il: Public Law 98-549 - October 30, 1984 Appendix J: Bylaws for KCPA-TV www. KCPA-TV.net 3 Executive. Summary This proposal is to link or interconnect, activate, program and manage eight (8) of the public access television channels in Kern County in 2001-2003, along with establishing one or more community media access centers in the County, managed by a nonprofit 501(c)(3) California Public Benefits Corporation, Kern County Public Access TV, Inc. (dba) KCPA-TV. The main purpose of this proposal is to provide a non-discriminatory means for community accessibility to non-commercial video productions and County wide cablecasfing, which does not currently exist for Kern County residents. D. K. Mason recently conducted a study of eight (8) of the Cable Franchise Ordinances /Agreements in Kern County and various Grantees, and concluded that independent, community- based television -- public access TV -- is something that Kern County residents thought was so valuable and important that it was provided for in each Franchise Agreement. The primary components of this proposal include: Activation of and linking all of the cable TV' public access channels called for in the cable franchise agreements, and the coordination of them for public access television use; The establishment of at least one community media access center in Kern County with facilities, staff, training and equipment to facilitate the community's video production and playback requests; Eventual broad-based funding to augment use of existing cable television franchise' fees and equipment grants; Programming of public access television channels and management of the community media access center by KCPA-TV. Aside from the direct benefits of having public access television channels and community media access centers, there are other benefits of this particular plan: · No additional cost to cable subscribers or cable operators* · Max#nizedflexibility in the use of the cable television access channel since a public access channel can accommodate all types of non-commercial programming, including the use of low cost consumer electronic video recording equipment. KCPA-TV's vision of managing and promoting public'access television in Kern County is one of accountability, high utilization and quality through community outreach and support services for nonprofit organizations, long-term viability, and fiscal responsibility. www.KCPA-TV.net 4 Why Public Access Television? The New Town Square Despite all the hype about the intemet, the primary means of disseminating information, ideas and entertainment - mass communications -- is the television. People are much more likely to stand around the proverbial water cooler and discuss last night's episode of "Friends" or the shocking "Dateline" segment rather than the thoughtful, funny, or controversial editorial in the morning's newspaper or the long-running debate in an internet newsgroup. ~:' Consequently, when we talk about the First Amendment, the power of it is greatly diminished ':" when the average citizen or community group is effectively locked out of the most important vehicle of mass communication, television, because of commercial TV's.cost and lack of access. MOst 'people understand that nearly all media, including TV, radio, newspapers, and magazines, are owned and controlled by a handful of media conglomerates driven almost exclusively by profit. What we see on television, therefore, is that which maximizes profit -- not that which is most newsworthy or beneficial to a community. That is where public access television comes in. It is TV for and by the community. Local. Independent. Non-discriminatory. Open. The new town square. Enabling Real Public Discourse How many times have we not really understood a hotly contested issue in the City-County Council? How many times have we felt something was not quite right about the news blip we saw on television? How many times have we felt that our views were not represented in the current debate between The Left and The Right? How many times have we known of an important story that was neglected by the major media? Talk radio and occasional town hall meetings have tapped into this desire for public discourse but they fall short of being truly open and independent. The power of public access television is in its ability to enable real public discourse and encourage participation. Not jUst political soundbites. Not just the views of the annointed- appointed, powerful few. Not just the views that benefit corporate sponsors. Public discourse and citizen participation are the foundations ora democratic society. "For democracy to work, a broad range of people have to be able to participate in public discourse. What happens is that a lot of public discourse happens on newspaper or television or radio. If it's too expensive, it starts to limit the realm of democracy itself," says David Welch, Co-Founder of One World Media Center. www.KCpA-TV.net 5 "It's not Wayne's World It's Your World" '(Arlington (VA) Community Television motto) People like to poke fun at kooky or controversial public access programming. Like most other cities, nearly half the public access programming is religious. It enables local churches and religious organizations the opportunity to share their ministries and good works with their fellow citizens. Now that public access is here, far more churches are able to afford to be on television. Another segment of the .community that benefits significantly from public access television is neighborhood and community organizations and non-profit corporations. The value of video to such organizations is well recognized, but without public access television, their ability to produce and broadly disseminate the videos is highly limited. "The potential for community · .. involvement through public access TV is seemingly boundless," writes authors Frances Moore · Lappe and Paul Marin DuBois in The Quickening of America. Public access allows groups to fulfill their educational missions, solicit volunteers, or get their issues out to the public, fully, and in their own words. Following are just a few exan~ples of the 20, 000 hours of new programs produced each weeh in the United States with connnunity media, and how they benefit their eonnnunities: With increasing awareness about local issues and encouraging involvement as part of its mission, Davis Community Television (DCTV) in California features election programming for the City Council.and special elections. "We expect to play a key role, particularly during elections, in helping the campaigns to get information out to the voters, and in facilitating robust civic discourse on the issues," explains Executive Director, Kari Peterson. On election night, DCTV's election coverage features call-in commentary from the voters. The Dump Patrol After witnessing East Coast trucks dumping waste in ~a landfill just a-few hundred yards from her home, Terry Moore'of Center Point, Indiana organized 75 of the only 250 people in her town to video tape every out-of state track entering the landfill for 60 hours a week for over 14 months. In the process, she discovered that these same trucks were-barely cleaned before being loaded with food to ship back .to the East Coast. She showed her video on her local public access channel, took her video to the State Legislature and gave it to local television broadcaster. It eventually aired on "ABC Nightly news," "The MacNeil Leher News Hour" and the "Phil Donohue Show." Her efforts led to the regulation of om-of-state dumping in Indiana and testimony before Congress. "Without the video, I don't think our message would have gotten out. The video was something people could relate to" states Moore. www. KCPA-TV.net 6 "Sometimes TV Isn't the problena It's the Solution." (CAN TV Motto) "Teen Moms Only," a public access program on CAN TV-21 in Chicago, has won numerous local and national awards and been used by social services agencies around the country. The mission of "Teen Moms Only" states: "Teen moms will be responsible, educated parents. We will create a safe and healthy environment for our children. As our children's first teachers, we will read and talk to, praise and nurture them from birth. We will not have more children until we are financially, emotionally and mentally prepared. We will reach out to other teen moms .in need of help. We will seek out support services that will help us become independent. We will not be victims." The formula for "Teen Moms Only" is simple: teen moms reaching out to other teen moms about the issues that affect them, sharing personal stories, and offering suggestions for successful and responsible parenting and use of available support services during a live, call-in program. "All too ot'ten, television reinforces stereotypes and .negative images, but 'Teen Moms Only' demonstrates that television also has the power to break down stereotypes," says Renee Dolezal, an English teacher at Arts of the Living High School who created the program. "It's 8:30, do you know where your brains are?" So starts an episode of"Paper Tiger Television" (PPTV), the legendary Manhattan public access program-turned-institution that has been "reading" the mass media since 1981. Some may call it media literacy, but PPTV explains, "A friendly name for detailed analysis, 'reading' a.publication or program means taking it apart, sometimes page-by-page or scene-by-scene, exploring links between its production, its audience and its sponsor. While-exposing the hidden ideologies in commercial television, film advertisements and print media, Pager Tiger also aims to disrupt the TV beliefs of its viewers." The PPTV repository of over 200 videos, each beating the unique imprint of the various members of PPTV over the Years, includes critiques on wide ranging topics from violence in children's cartoons and media coverage of domestic and international events, to "Beverly Hills 90210." Mastering The Possibilities With the increasing concentration of ownership in commercial media, cross-promotion of programming and products, and vertical programming taking place in the cable television industry, it is all the more important to.carve out a place for the community's voice with public access television. The potential uses of public access television in Kern County and the benefits to her citizens are tremendous. www. KCPA-TV.net 7 The Need for Community-Based Media in Kern County Community media access centers, like the ones KCPA-TV organizers have visited in Orange County, Honolulu, San Francisco, Bloomington, and Pdchmond, Indiana, Grand Rapids, Michigan, and Portland, Oregon, provide the almost free of charge means for.organizations and individuals to share their interests, information, entertainment and ideas with the entire community through television production and cablecast, community radio, and the Internet. Such non-commercial media communication is thereby accessible to everyone, regardless of income or occupation, and provides a foundation for a more thorough, diverse, and imaginative public discourse to take place. Who Uses Community-Based Media? Today, through community television around the country, thousands of community groups and over one million individuals produce more than 20,000 hours of new local programming each week -- more than all programs produced by NBC, CBS, ABC, Fox and PBS combined. Children, senior citizens, community groups, neighborhood associations, religious organizations, schools, and nonprofit corporations are creating local, original television programming themselves, for their communities. As is the case in many locales, where religious programming constitutes almost half of the programming on public access TV channels, churches and other religious organizations often represent the single, largest group of users of community-based media resources. Nonprofit organizations are another important group of users. Effective use of communication tools, in particular video, can make all the difference in educating the community on an issue or program, or even in raising funds; however, for allbut the largest nonprofits, the cost of video production, either in-house or through a commercial production house, puts this tool out of reach~ Non-commercial, community-based media is a natural solution for nonprofits, and many community media organizations have added services to facilitate its use by nonprofits. Background on local Public Access TV The City of Bakersfield chose not to specifically require a public access TV channel in their COX Communications Bakersfield, Inc. Franchise Agreements. (Ordinance No. 1552 New Series dated 23-Feb-65). Citizens desiring use of the free public channel may do so via the Kern County franchise agreements. However, their contract at Section 13 titled "Regulation of Rates and Services" provides the.City Council the power to "... require Grantee to conform to reasonable rules and regulations adopted by the City Council, including ...". KCPA-TV believes there are specific federal mandates requiring the franchising authority to set rules and policies concerning such channels. As neither the County nor the City has been petitioned to d° so, this organization is making recommendations and submitting petitions for management. They did provide public access in the agreement with Time Warner (Ordinance No. 2518 New Series dated 29-Aug-78) on page 7 Section 6 under "RIGHTS RESERVED TO CITY". www. KCPA-TV.net 8 (b) Neither the granting of this franchise nor any provision hereof shall constitute a waiver or bar to the exercise of any governmental right or power of the City. On page 10 at Section 7 SERVICES TO BE PROVIDED, we read at: (e) At any time alter the Grantee has installed at the subscriber terminal, not less than thirty five (35) channels of video signals throughout its entke CATV System situated within the franchise area and from time to time therealter, the City Council may require that the Grantee make one (1) such channel available primarily for educational use and one (1) such channel available primarily for public access. Because such a channel is already available, this organization will request the franchising authorities set policies for fair use by the third party beneficiaries. The need for non-commercial access to cable TV channels has been long recognized. What is now public, education and government (PEG) access TV on cable grew out of a movement for alternative and non-commercial media that began in the late 1950%. In 1972, the Federal- Communications Commission (FCC) first required three access channels on cable systems with more than 3500 subscribers. This requirement was overturned by the Supreme Court, then changed with subsequent legislation. Today, PEG access channels are not a federal requirement; however, the right of local cable TV franchise authorities to require PEG access channels was part of the Cable Television Act of 1992. This right-has been further upheld by the Courts. The history of public access television in Kern County begins with a 1965 City Ordinance and the 1978 franchise agreement the County signed with American Cablevision (now Time Warner) that provided one public access TV channel. As of today, public access TV availability is not promoted by the local cable operators, and in a repor~ by County Counsel dated October 2000, KCPA-TV's 1 ~ Vice President Mr. DeVictor Mason is the first to have mentioned it.' In late 2000, Mr. Mason conducted an extensive "Utilization Review and Uses Study" on Kern County PEG channels in preparation for negotiations with the local cable operators. Mr. Masons' report found that Kern County's cable franchise Grantee's had a number of inhibitors: · []Inadequate or no promotion and outreach, particularly to the viewing community · Equipment that was at the end of its useful life and cumbersome and expensive to use · E Unreasonable fees for the use of equipment and studios · Elnadequate and unresponsive staffing The study made a number of recommendations to improve public access TV in Kern County, which it found the least developed of its peers: government access and educational access. Recommendations included: 1. Developing a funding and management mechanism for public access TV, such as a nonprofit.corporation and use of franchise fees 2. Eliminating the bottlenecks and inhibitors in video production 3. [R. eplacing playback equipment to allow utilization by the general public 4. Ensuring cable operator compliance with certain sections of the franchise agreements Bakersfield continues to have a well-recognized, government access channel, KGOV, and a dedicated education access channel run by the Superintendent of Schools. Neither of these channels or their production facilities are open for use by the general public. www.KCPA-TV.net 9 Overview of Kern County Public Access TV Kern County Public Access TV, Inc. dba KCPA-TV, a California Public Benefits nonprofit 501(c)(3) corporation, began organizing in late 2000, to address the obvious need for non- discriminatory, community access to communications media and technologies in Kern County. KCPA-TV, Inc. has based its organization and goals on successful and established community media access organizations across the country, as well as studies on community media access centers commissioned by the State of Hawaii. Our website at www. kcpa-tv.net, provides links to hundreds of public access sites in America and in 16 foreign countries, from which we may draw assistance with all facets of this adventure. Goals: Should the initial funding of $60,000 be obtained and the objectives meet or exceed projections, then during the 2na and later years KCPA-TV plans to fulfill its mission through the following: Establishing and maintaining community media access centers in Kern County, that would house the equipment needed for the community to produce and cablecast non-commercial media, such as public access television programs, and provide necessary training in video production.' · Providing free or low cost training to the community in video production, and the use of other types of communications technology. · Managing any local public access TV channel(s), and facilitating cablecasting and broadcast on other channels. · Promoting and educating the public on the value and uses of community based media. · Promoting media literacy and educating the public on the structure of media in the United States. · Providing public service announcements (PSA's) and low-cost video production for County-based nonprofit organizations. · Covering community meetings and cultural events for use on community-access television. · Promoting Public, Educational and Government (PEG) access television on cable. · Promoting additional types of community media and communications technologies such as low power FM radio, Internet, etc. Community Video Projects in Various Stages To raise awareness of the value of community-based media, KCPA-TV will offer to produce a number of video tapes for various community organizations and events, including: www. KCPA- TV. net 10 (name programs here) In late 2000 alone, KCPA-TVcontributed over $2,000 worth of volunteer time in taping, producing and editing non-commercial, community-based video. In few cases were the events that KCPA-TV videotaped, covered by the press. In no cases did the press cover the entire events. KCPA-TV's volunteer work is primarily done for small, nonprofit organizations who have a need to promote their programs and ideas, but don't have the resources to hire professional production houses or purchase their own equipment and air-time. KCPA- TV' s other major projects include: The FREE MONEY Show is KCPA-TV's may become the most visible project to date. This project, presently consists of six (6) ½ hour videos that examines how citizens may obtain grants, freebies and other assistance, was primarily funded by a grant from D. K. Mason, and has been shown on access television throughout the State of Hawaii. One episode in which appeared a Ph.D. University instructor was also shown to senior Finance students at Hawaii Pacific University, for both its subject matter and its demonstrative value as community based media, and received very positive written evaluations from the students. YTV Camp: In planned partnerships with selected educational establishments and merchants of Greater Bakersfield, KCPA-TV will initiate a youth video camp that will begin training young adults to be local producers, and airing their work later in 2001. The response KCPA-TV has received from its community organizing work, the cdntinuing requests for our services, and the high interest level, demonstrate the need for community media access centers, and coordination among the various cable Grantees on which we cablecast resultant videos. A list of citizens and organizations who have formally stated their support of this by having made a financial contribution, appears in Appendix A. Board of Trustees Management of KCPA-TV is vested in its Board of Trustees, which are recommended by KCPA-TV's membership according to Bylaws. Some of the 18 KCPA-TV Board members are expected to be: Establishment & Interconnections for Public Access TV Channels The foundation of this proposal is the activation of the eight cable TV access channels available on the various cable systems of Kern County, the 2 in the City of Bakersfield and the eventual interconnection of them for public access TV use by KCPA-TV. The provision of this interconnection feature, upon completion of the cable system rebuilds, is a requirement in the franchise agreements signed by both the cable operators and the Kern County Board of Supervisors. The provision of a minimum of one public, education and government access channel is also required by specific sections in each Cable Franchise ORDINANCE. www. KCPA-TV.net 11 Total Subscribers in the Uninco~orated Areas of Kern County (I 0/10/2000) Grantee & Contract No. Subscribers Page & Section Title Mediacom California, LLC F-254 5,612 pg 15, Sect. System Capabilities 17 Access to Channels pg , Sect. 29 Mediacom California, LLC F-391 8,293 pg 8, Sect. 17 System Capabilities pg 12, Sect. 29 Access to Channels Edgewise Media F-290-A 115 pg 16, Sect. 17 System Capabilities pg 28, Sect. Access to Channels 28 Charter Communications F-364 4g 156 pg 18, Sect. 17 System.Capabilities pg 29, Sect. 29 Access to Channels Suntel Cable F-426 2,755 pg 8, Sect. 17 System Capabilities DDD Cablevision F-342 1,252 pg 19, Sect. 17 System Capabilities Time Warner Cable F406, F-405, 83,456 pg 8, Sect. 17 System Capabilities F404 COX Communications F-333 not provided pg 18, Sect. 17 System'Capabilities pg 29, Sect. 29 Access to Channels (Data provided by General Services Division, County Administrative Office) Although the City of Bakersfield cable franchise agreements only specifically call for education and government access channels, the City Council has the authority, per Section 13. "Regulation of Rates and Services" (a) and (b) of the COX COMMUNICATIONS BAKERSFIELD, INC. FRANCHISE AGR~KMENT, and 47.USC 531 "SEC.611 (a)-(b)-(c) to promulgate rules and proceduresfor the use of access channels, it has not exercised this authority to allow or promote access channel availability. Management of the Public Access TV Channels KCPA-TV, Inc. proposes that it be designated, under contract, as the management agent for all of the public access TV channels. Our research has found .that management by a nonprofit corporation is the most effective and stable means to achieve the goals of community-based media. KCPA-TV's proposed budget includes the estimated costs ora consultant to assist with start-up planning, and to review operations at~er two years. www. KCPA-TV.net 12 Programming · K,C. PA-.T.V 's,.primary objective is to promot.e local, p.u, blic access TV l~rogramming that is in[brmative, nigh quality, and beneficial to tlae citizen s of Kern County. Acore component of the KCPA-TV programming strategy will involve an organized outreach program to community, arts and religious organizations. Programming Sources In accordance with the purpose of KCPA-TV, the primary focus on programming sources is the production and dissemination of locally produced, non-commercial programming by-.the community, both individuals and organizations. In recognition of the time necessary to build a full schedule of such programming, the following will be pursued to provide high quality, maximum utilization of the public access TV channels: 1. New public access TV programming originating in Kern County 2. Programming fi.om public access TV producers in the nearest surrounding counties 3. Other non-commercial programming 4. Deep Dish TV, a nonprofit, national public access TV satellite service 5. The best of previous public access programming. Programming Policies The Board of Trustees of KCPA-TV will establish policies to support its objective of. high quality programming that is beneficial to the citizens of Kern County, while at the same time not abridging the First Amendment right of freedom of expression. All public access programming is subject to local, State and Federal taws regarding obscenity, libel, slander, copyright infringement, etc. KCPA-TV will maintain valid local contact information for each program or series of programs. Our online links with almost every public access TV facility in America allows us to provide reasonable policies and procedures suitable for member approval. KCPA-TV's programming policy calls for the timeslotting of public access TV programming between the hours of 10 p.m. to 4 a.m. that contains mature language, content or themes. Programmers are responsible for designating their program submissions as having a mature nature, with misrepresentation of programming submissions constituting a violation of the contract between the producer(s) and KCPA-TV, subject to the producer's suspension fi.om · KCPA-TV and public access TV. Members of the various Cable Franchise Areas will receive first priority in program scheduling, while residents of the rest of the area will receive secondary consideration. Programming fi.om outside the Kern County area must be sponsored by a resident / member of our cable franchise areas. See Appendix C, and http://kcpa-tv.net/forms/index, html for additional information. wwTw. KCPA-TV.net 13 Producer's Responsibilities Producers are solely and fully responsible for the content of their programs and any violation of the law or KCPA-TV rules and regulations. Producers must submit a signed Application for Cablecast and Statement' of Compliance for all programs to be shown on the public access TV channels. A current copy or sample of each form will always be available on the website, and in printed form as financing allows. Violations of KCPA-TV rules carry penalties up to and including the suspension of producers fi.om the community media access centers and/or cablecasting. A Grievance committee is available and policies and procedures are reasonable. See Appendix C, and http://kcpa-tv.net/forms/index.htnd for additional information. Establishment of a Community Media Access Center Purpose Despite the declining prices of consumer camcorders, the cameras, microphones, lights, studios and editing equipment necessary to produce quality video is out of the reach of most residents and organizations of Kern County. The purpose of community media access centers is to make such equipment and studios readily accessible to all members of the community, and to provide proper training on their use. The community media access centers would also provide the site for the public access TV channel's playback equipment (head-end). Site KCPA-TV's criteria for a site include a centralized location, nearby parking, and accessibility by public transportation. Preferably, such a site would already by outfitted with a studio, but in the absence of that, be able to be outfitted economically. The site would need to have a security system, and sufficient space for a studio, equipment storage, control room, two edit suites, four offices, a reception area, and a conference room. KCPA-TV is particularly open to any opportunities to partner with a local library, school or other community organization. The office hours of operation would be 9 a.m. - 10 p.m. on Monday - Friday, 9 a.m. - 6 p.m. on Saturdays, and 12 p.m. - 6 p.m. on Sundays. Interconnection Per sections of their Franchise Agreements, the cable operator is responsible for interconnecting its system with all other systems operating under a franchise granted by the County so that the channels designated for public, educational, and governmental access are transmitted on all cable systems simultaneously and on the same channels. This obligation includes the provision of all devices required to accomplish such interconnection. www. KCPA-TV.net 14 Staffing The primary pUrpose of the staff for the community media access centers are to encourage and facilitate the use of it and the public access TV channels. Since the initial staffis small, KCPA- TV will also rely on the use of volunteers and student interns, and require staff' members who are willing and able to provide back-up for each other's responsibilities. The initial five, full-time staff positions are: · Executive Director: Experienced manager with overall responsibility for day-to-day operations, program development, community outreach, staff development, budgeting, and personnel matters. Also responsible for the required quarterly reports to the Kern County Board of Supervisors, and any to the City Council. Responsible to the KCPA-TV Board and primarily measured by success in meeting targets for utilization, outreach, and user satisfaction. Access Coordinator: Primary facilitator for producers. First point of contact with potential access TV .producers: provides orientation on rules, certification, and necessary agreements, schedules initial training, class, etc. Designs, implements and teaches basic training classes Programming Director: Implements the scheduling and playback of programming. Assists in studio 'productions, scheduling, and equipment check-out/check-in. Studio DireetorfEngineer: Responsible for maintenance of equipment. Teaches classes in studio direction, lighting, etc. Assists with studio productions. Administrative Assistant: Responsible for all administrative/secretarial assistance; scheduling of training, studio, edit suites and loaner equipment; check-out/check-in of loaner equipment; and backup-up of LAN server. In mid-2001, KCPA-TV plans to add a programming and production assistant. Initial Equipment '(insert list, here) KCPA-TV has developed an initial equipment plan that supports the needs of both novice and more advanced producers, the need for high quality at a modest cost with an eye toward the future, and the need to support a wide variety of media as input for editing. KCPA-TV has followed the .majority of local Bakersfield TV station's research and lead in basing its operations on DVCPR0 technology, a broadcast quality digital format. In addition to providing high quality and a foundation for the future, this approach gives KCPA-TV compatibility with digital services. KCPA-TV also plans to acquire a satellite downlink for access to programming such as The Deep Dish Network. More advanced equipment, such as an animation suite, may be added later. Members would have to be trained and certified to use the various types of equipment. Ah-ifiitird;-detailix-F6quip-rnent plan-'for budgeting purposes is / wilFb-6eontained 'in-Appendix D. Playback and Master Control ltead-End (insert list, here) An automated playback system with seven DVCPRO tape players and a bulletin board graphics program for announcements and fail-over. The playback system supports up to eight additional tape players for growth and additional automation. A switcher is included to support live-programming. www. KCPA-TV.net 15 Field Production Equipment: (insert list, here) Twelve 1-chip SVI-IS camcorders, two portable studios, and an assortment of hand held and lavalier microphones, lights, batteries, and tripods for check-out, normally 24 hours. Linear Edit Suite: (insert list, here) This basic cuts-only edit suite for simple produCtions and less experienced producers includes HiS, SVHS and DVCPRO tape players for input, a cuts- only, basic edit controller, a graphics generator, and DVCPRO output for playback. Nonlinear Edit Suite: (insert list, here) This more functional PC-based edit suite also includes an open architecture for input media (I-58, SVHS, and DVCPRO players), and DVCPRO output for playback. Production Studio: (insert list, here) This full function studio features three 3-chip digital camcorders (instead of cameras only for maximum produCtion flexibility) on camera dollies, flexible lighting, a telephone interface for call-in programs, and an A/B roll control/edit suite with HiS, SVHS, and DVCPRO tape input, and DVCPRO output. Dub Rack :(insert list, here) This set of VCR's provides conversion to and from various tape formats, such'as DVCPRO, SVHS, 3/4", I-Ii8 and VI-IS. Funding: KCPA-TV seeks to secure a broad base of funding and revenue sources. KCPA-TV anticipates the following funding sources, listed in order of importance: 1. Charitable contributions* as utilized successfully by Petaluma Community Access, Inc. Pet .aluma, CA 2.Grants 3. Membership dues 4. Fund-raisers 5. Fees for use of produCtion facilities by nonresidents and grant-funded projects Proposed Budget [insert 2nd] This budget is in line with the budgets of other cable TV access organizations in a City the size of Bakersfield. See Appendix E for expense details, and Appendix F for comparisons with other, community media access centers. www. KCPA-TV.net 16 Funding Sources: (verify and identify before printing) City - County Franchise Fees 'Franchise fees are compensation for the cable companies' use of state and local rights-of-way. The primary purpose and use of cable TV franchise fees .around the country is to fund public, educational, and governmental (PEG) access TV, and the operations of the local franchise authority. The City currently has a 5% cable TV franchise fee which generated approximately $149,000.00 per month in revenue in 1999. Of that, KCPA-TV requests $60K to complete its goal of becoming economically self sufficient after the 1st complete year of operating. [insert 3~a] Grants: KCPA-TV plans to apply for both unrestricted and restricted grants from the County Board of Supervisors, and other organizations who stand to benefit from our services. A listing of many potential sponsors is available on our website, under the appropriate heading. For start- up costs, Kern County Public Access TV, requests a grant of only $60,000 from the Capital Fund as a special purpose grant. Charitable Contributions: Kern County Public Access TV, Inc. proposes to use the initial grant to convince the community to agree to a voluntary line item on their cable bill, totaling up to $.25 .per subscriber/month (85,142), for public access TV. If the City of Bakersfield claims approximately 85,142 cable subscribers (from a population of 275,000), whose average monthly bill is $35:01, then $21,285.50 per month is available for operating expenses. The County acknowledges approximately 110,000 subscribers, which could bring in $27.5K/month. This amount is sufficient to initially fund a major community media center and several satellite office facilities that may serve the entirety of Kern County Kern County Public Access TV, Inc. may establish an account at the Wells Fargo Bank in downtown Bakersfield. We'll encourage members of the community to pursue payroll deductions for charitable contributions to this account, and plan to continue to recruit members at several government and corporate organizations. To date, voluntary charitable contributions are projected to be the largest source of revenue for KCPA-TV. Memberships: Membership is open to the general public and required for use of any community media access center or the public access TV channels. The current suggested annual membership fee for an individual is $20; a nonprofit organization, $50; and a for-profit organization, $100. Fund~isers: Kern County Public Access TV, Inc. has planned small fund-raisers around video viewings and public events since its formation. This format has proved to also be an effective means of increasing awareness of the value of community-based media, and generating memberships and contributions in most other cities. Publicity-promotions will be accomplished through mailings from our KCPA-TV database, online and newspaper advertisements, public speaking at meetings, etc. www. KCPA-TV. net 17 Fees: KCPA-TV will charge modest rates for use of its production facilities by non-residents of the Kern County cable franchise area, and for nonprofit grant-funded productions, until dependable and sufficient funding from reliable sources has been established. All usage of the community media access centers is for non-commercial productions that will be shown on the Kern County public access TV channels. Appendix A: Organizations in Support of Public Access TV: The following organizations have formally stated their support by financially supporting public access television in Kern County: INSERT letters HERE Appendix B: Financial Statements [insert budget] Appendix C: Producer's Agreement and Rules: (This section consists of numerous forms normally encountered in public access TV stations, and is available online at www.kcpa- · tv. net/forms/index, html) Appendix D: Initial Equipment Lists and Pricing [insert equipment] blank pages Appendix F: Public Access TV Comparisons Recent Public Access TV Start-ups Kern County Public Access TV, Inc. has collected information on three, recent start-ups of community media access organizations. This information was gathered through a workshop at the 1998 Alliance for Community Media National Conference, information published by the Buske Group, The Alliance for Community Media's Cable Access Start-up Manual, and personal contact. Additional information on these'organizations.may be found on their websites. www. KCPA-TV.net 18 Public Access TV Comparisons Greensboro Community Television, Inc. (GC~ Greensboro, NC Cable company Time Warner Number of subscribers 58,000 Services Public access TV Number of public access TV channels 1+ 1 reserved Start-up Funding $475,000 Annual Budget $245,000 Annual funding $17.5,000 Time Warner $50,000 City (years 1-3) Studio Yes (control room can also be used as one person "mini-studio") Portable equipment Professional and lightweight camcorders Editing suits 2 cuts-only 1 non linear Format SVHS Staff 5 Notes Runs youth summer media camps Website www. greensboro, conggctv/ www. KCPA-TV.net 19 Petaluma Community Access, Inc. Petaluma, CA Cable company I TCI Number of subscribers I 18,500 Services PEG, I-net Number of public access TV channels 1 + option for more Type of management organization Nonprofit corporation ~. Start-up Funding $660,000 · .. Annual Budget $115,000 ? Annual funding Access fee: $.50 per subscriber/month :" (not part of 5% franchise fee) Facility High school, 2300 sq. f~ Studio Yes ("live to tape" only) ~.. Portable Equipment 9 camcorders and 2 portable studios : Editing equipment 3 cuts-only suites Format SVHS Staff 2.5 ': Start-up date/timeframe 9-12 months Notes Trained 223 new producers in first quarter of operation ., www. KCPA-TV.net 20 Santa Rosa Community Media Access Center, Inc. Santa Rosa, CA Cable company Cable One Number of subscribers 43,000 Services -PEG, I-net Number of public access TV channels i + option for more Start-up Funding $1,200,000 (Cable One) Annual Budget $550,000 ~' Annual funding $370,000 City (1/3 of franchise fees) '~ $150,000 Cable One . ! $ 30,000 Miscellaneous revenue · ~ Facility 6000 sq. f~ Studio Yes (one full studio and one mini "hotline" studio) Portable Equipment 1 chip and 3 chip camcorders; one portable studio Editing equipment 2 basic cuts-only 1 A/B roll and graphics/animation suite, ,. 1 nonlinear Format SVHS Staff 12.5 Notes Has satellite downlink Website www.eommunitymedia, org Examples of Public Access TV Leaders www. KCPA-TV.net 21 "Access Sacramento" Alliance for Community Media, 1998 Community Service Award Winner Sacramento, CA "A nonprofit public service organization dedicated to giving voice to thoughts, dreams, opinions and community events not otherwise seen or heard on commercial and public radio, television and other media." Access Sacramento is one of the most award-winning public access TV organizations in the country. Cable company Comcast Number of subscribers 240,000 Services Public access TV and radio Number of public access TV channels 2, plus Religious access channel, and 2 community radio stations (one featuring radio reading for the visually impaked) Annual Budget $795,000 Annual Revenue (1997) $609,010 City ( franchise fees) $150,000 Rent from cable company $ 61,300 Earned revenue $ 56,500 Contributions and grants '$11,690 Other Staff 12 full-time 15 part-time Web site www. sacramento.org www. KCPA-TV.net 22 Examples of Public Access TV Leaders Allen County Public Library TV Center "Library for the Future" Fort Wayne, IN Fort Wayne's long-term collaboration between the public library and public access TV has earned recognition for the Allen County Public Library as a "Library for the Future" by the Library Advocate journal. "What really makes this collaboration function is that t-he library and Channel 10 have similar missions: we want community access to public resources." Erik Mollberg, Public Access Coordinator Cable company Comcast Number of subscribers 67,000 Services Public and government access TV and Internet access Number of public access channels 1 Annual budget $440,000 Annual funding $240,000 City (20% of franchise fees) $200,000 Allen County Public Library Staff 4 Full time 2 Part time Website www. acpl.lib.in.us/Television Services/ I ' www. KCPA-TV.net 23 g4. If a majority of California cities do have Public Access, how did they accomplish it? Due to the large number of cities involved, KCPA-TV requires a grant in a sufficient mount of money to poll the various organizations listed. We request your assistance in designing a questionnaire to get the exact information you want. If we poll these locations via FAX, we need telephone expenses. Ifa letter is needed, then we need postage expenses. As we don't have a volunteer willing to do this work, we request money to hire a temporary or contract worker. California Public, Educational, & Government Access Channels Cit~ Organization Telephone Alameda, CA United Artists Cable 510-521-4844 Alhambra, CA Crown Cable Community TV 818-796-9129 Anaheim, CA Multivision 714-632-9222 Arcata, CA Arcata Community Access TV 707-822-7924 Artesia, CA City Of Artesia 270-865-6262 Auburn, CA Auburn Area Access 916-878-2488 Auburn, CA Telecommunications Commission 916-885-6377 Avalon, CA Catalina Cable TV Channel 3 270-510-2551 Avalon, CA Elanjae Productions/Video 270-510-0850 Avery, CA Calaveras Community Television 209-754-3666 Berkeley, CA Berkeley Community Media 510-848-2288 Beverly Hills, BHN-10 - Beverly Hills Network CA Ch 10 270-285-1178 Bishop, CA Weststar 12 619-873-4123 Buena Park, CA Buena Park Cable Foundation 714-680-8842 Burlingame, CA Pacific Cable TV 415-340-8141 Burney, CA Burney Falls Cablevision 916-335-4395 Carlsbad, CA Daniels Cablevision 619-438-7741 Carmel, CA Harry Singer Foundation 408-625-4223 Carpinteria, CA City Of Carpinteria 805-684-5405 Carson, CA Continental Cablevision 270-515-1303 Chatsworth, CA West Valley Cable Public Access 818-998-2281 Chino, CA City Of Chino 714-627-7577 City of Indus, CA TCI Cablevision of L.A. County 818-855-3370 City of Hacienda. La Puente Unfd School Industry, CA Dist. '818-933-1031 City of Industry, CA Puente Hills Community Access TV 818-333-2427 Claremont, CA Claremont Public Access TV 909-624-5272 Coalinga, CA Coalinga Cable TV 209-935-1674 Commerce, CA Cit'y Of Commerce 213-887-4447 Compton, CA City Of Compton 270-605-5585 Compton, CA Continental Cablevision 270-537-7212 C~n~nrd: ~ ~tu ~f C~n~ 510-671-3172 Costa Mesa, CA Copley/Colony Local Origination 714-549-5820 Covelo, CA Center For Educational 415'995-4988 Priorities Cupertino, CA City Of Cupertino 408-777-3262 Cupertino, CA Cupertino Community Television 408-864-8766 Cypress, CA City Of Cypress 714-229-6696 Cypress, CA Media One 714-826-8680 Daly City, CA The Eastern Catholic Archdiocese 415-755-4447 Davis, CA Davis Community Television 916-757-2419 Del Mar, CA Daniels Cablevision - Channel 38 Desert Hot Sp, CA Desert Hot Springs Cablevision 619-329-6270 Downey, CA Continental Cablevision 270-869-5301 Dublin, CA Viacom Cable 510-828-8520. E1 Cajon, CA Cox Cable San Diego 619-562-7433 E1 Cajon, CA Unarius Educational Foundation 619-444-7062 E1 Granada, CA Mid-Coast Television 415-726-1750 E1 Monte, CA Cable 3, KELM-TV, City Of E1 818-580-2001 Monte E1 Segundo, CA E1 Segundo Community Cable 270-615-2650 Fillmore, CA Fillmore Access Television 805-524-3701 Fillmore, CA Fillmore Redevelopment Agency 805-524-3701 Fort Bragg, CA Mendocino Coast/Comm Education 707-961-1127 TV Fremont, CA TCI Cablevision of California - 510-792-0516 Fremont Fresno, CA Continental Cablevision 209-252-8210 Community Program Fullerton, CA Comcast Community Access 714-525-1191 Garden Grove, CA Garden Grove Cable TV Corp. 714-741-5291 Garden Grove, CA Paragon Cable TV Gardena, CA Gardena Cable Usage Corporation 270-516-9289 Gilroy, CA Channel 34 - Community TV 408-842-8512 Project ~Glendale, CA Foothill Community Televison 818-249-6025 Net. Glendale, CA Sammons Communications 818-246-3212 Hawthorne, CA Hawthorne Cable Usage 270-970-7243 Corporation Hayward, CA United Artists Cable 510-785-6077 Hercules, CA City Of Hercules Hermosa Beach, CA Continental Cable 270-379-8884 Hesperia, CA AM Productions 619-956-2755 Hollywood, CA Continental Cablevision 213-993-8000 La Jolla, CA UCSD TV 619-534-3535 Lake Elsinore, King Videocable Production CA Department 909-245-2952 Lakewood, CA City Of Lakewood 270-866-9771 LaVerne, CA LVTV 3 - Laverne Television 909-392-2731 Long Beach, CA Advance Media Production Center Long Beach, CA Cable Communications Advisory 270-570-1060 Los Alamitos, CA Los Alamitos Television Corp. 270-493-5288 Los Altos Hills Access Los Altos 415-949-7616 Lvo Angeles, Los Angeles, CA Century Cable TV 213-255-9881 Los Angeles, CA City Of Los Angeles 213-485-4419 Los Angeles, CA City Of Los Angeles Information 213-485-1354 Technology Agency Los Angeles, CA Continental Cablevision 213-730-9500 Los Angeles, CA Continental Cablevision 213-565-2807 Los Angeles, CA Continental Cablevision Public 270-216-3500 Access Los Angeles, CA Hollywood Film Institute 213-933-3456 Los-Angeles, CA Los Angeles Cable Television 213-368-2372 Access Corp. Los Gatos, CA KCAT Los Gatos 408-395-5228 Malibu, CA Falcon Cable TV 270-456-8888 Mammoth Lakes King Videocable - Mammoth Lakes 619-934-8553 Marina Del Rey Continental Cablevision 270-822-1575 Martinez, CA Contra Costa County 510-313-1180 Martinez, CA Televents Channel 19 510-228-5863 Millbrae, CA City Of Millbrae 415-259-2332 Monrovia, CA KGEM 3 - Monrovia Cable Usage 818-357-1091 Monrovia, CA Monrovia Cable Usage Corp. 818-932-5555 Morro Bay, CA Estero Community Access 805-772-8684 Mountain View Mountain View Community TV 415-968-1540 Napa, CA Napa Public Access Cable TV 707-257-0574 Newhall, CA Santa Clarita Valley Public 805-253-0730 Novato, CA Soroptimist Intern'l Of Novato 415-898-1398 Oakland, CA Communications Support Group 510-268-1977 Oakland, CA Oakland Unified School Dist 510-836-8321 Oakland, CA Peralta Colleges Television 510-464-3253 Oceanside, CA Oceanside Community Television 760-722-4433 Ojai, CA Ventura County Cablevision 805-646-5813 Orange, CA CableVision of Orange 714-997-6960 Oroville, CA North Valley Access TV 916-895-2288 Pacifica, CA Pacifica Community Television 415-355-8000 Palm Springs, CA PSC-TV 619-322-7873 Palm Springs, CA PSTV - Channel 17 619-322-2212 Palmdale, CA KAV-TV Channel 3 805-947-3130 Palo Alto, CA City Of Palo Alto 415-329-2313 Palo Alto, CA Mid Peninsula Access Corporation 415-494-8686 Palo Alto, CA The City of Palo Alto 415-329-2206 Palo Alto, CA TMTV Pasadena, CA 55 KPAS 818-794-8585 Pasadena, CA Pasadena Community Access Corp. 818-795-5556 Petaluma, CA Petaluma Community Access 707-773-3190 Pinole, CA Pinole Community Television 510-724-9021 Pittsburg, CA Viacom 25/Pittsburg 510-432-0500 Playa Del Rey Local Originating Pleasanton, CA CTV Pomona, CA Continental Cablevision Redding, CA Redding Community Access Corp. 916-241-7222 Redding, CA Shasta County Office Of Ed/Trc 916-225-0259 Reedley, CA Consolidated Cablevision 209-638-8127 Rialto, CA KRTO - City of Rialto 909-820-2525 Richmond, CA East Bay Center for the 510-234'-5624 Performing Arts Richmond, CA KCRT - City Of Richmond TV 510-620-6759 Richmond, CA KCRT - City Of Richmond TV 510-620-6759 Ridgecrest, CA Benchmark Cablevision Channel 3 619-375-6397 Ridgecrest, CA Ridgecrest Community Television 619-375-6087 Rim Forest, CA Community News Weather Found. 909-336-2379 Riverside, CA Crown Cable Local Programming 909-687-2720 Rolling Hills Dimension Cable 270-377-7207 Roseville, CA City Of Roseville 916-774-5360 Rough and Ready Creating Images 916-274-1717 Sacramento, CA Access Sacramento 916-456-8600 Sacramento, CA Sacramento Educ Cable Consortium 916-920-1306 Sacramento, CA Sacramento Metropolitan Cable TV 916-440-6661 San Bernadino, San Bernadino,City Telecom 909-384-5147 San Bruno, CA City of San Bruno Municipal Cable415-877-8889 San Diego, CA Broadcast Training Institute 619-262-9812 San Diego, CA San Diego County 619-292-3726 San Francisco, City Visions 415-252-6325 San Francisco San Francisco Community TV Corp 415-557-4293 San Francisco, Viacom Cable 415-863-8500 San Jose, CA City of San Jose . 408-277-3364 San Jose, CA TCI Cablevision of San Jose 408-452-9130 San Juan Capi, Dimension Cable Services 714-240-1212 San Luis Obispo San Luis Obispo County 805-781-5239 San Marcas, CA RTV 619-744-2440 San Marcos, CA Palomar College Radio-TV Dept. 619-744-1150 San Rafael, CA TCI, Marin 31 415-459-5260 San Ramon, CA Pacific Telesis Video Services 510-806-5261 Santa Aha, CA Comcast Cablevision of Orange Co 714-285-2000 Santa Ana, CA Rancho Santiago College 714-564-5'680 Santa Barbara, Aslan Communications 805-687-2053 Santa Barbara, City Access 18 805-564-5311 Santa Barbara KCTV/Cox Cable, Santa Barbara 805-963-3893 Santa Cruz, CA Community TV Santa Cruz 408-425-8848 Santa Monica, CA Century Cable TV 270-315-4441 Santa Monica, CA City TV 270-458-8590 Santa Paula, CA City Of Santa Paula/Fillmore 805-933-1880 Santa Rosa, CA Educational Info. Resources 707-524-2834 Santa Rosa, CA Post-Newsweek Cable Santa Rosa, CA Santa Rosa Community Media 707-569-8785 Santee, CA Broadcast Training Institute 800-411-4331 Saratoga, CA Saratoga Community Access TV 4.08-741-2108 Seal Beach, CA Seal Beach Community Television 270-799-7623 Sierra City, CA Sierra Buttes Cable TV 916-862-1492 Simi Valley, CA Comcast Cablevision 805-526-5721 Sonora, CA Tuolumne County Community Cable 209-536-1888 South Gate, CA Liberty Cable TV 213-566-3991 S. Lake Tahoe Wilderness Productions 916-577-2708 Stockton, CA Continental Cablevision 209-955-6093 Sunnyvale, CA Able Cable Productions 408-720-8069 Thousand Oaks, Thousand Oaks Govt. 805-497-8611 Torrance, CA Anchor Communications 270-784-2270 Torrance, CA City of Torrance 270-618-5762 Tujunga, CA Verdugo Hills Television VHTV) 818-353-9304 Tulare, CA Continental Cablevision 209-688-7593 Tustin, CA Continental Cablevision 714-731-6793 Ukiah, CA Mountain Valley TV Corporation 707-463-3307 Van Nuys, CA United Cable TV 818-781-1900 Victorville, CA Hi-Desert Cablevision 619-241-7843 Vista, CA Dimension Cable Services 619-598-6666 Walnut, CA City Of Walnut 909-595-7543 West Hollywood City of West Hollywood 213-848-6522 West Hollywood West Hollywood Public Access 213-848-6522 West Sacramento Sonic Cable TV 916-372-2221 Whittier, CA Whittier County Community TV 270-946-5022 Willits, CA Willits.Community Television 707-459-2528 Wilmington, CA Copley/Colony Harbor Cablevision 270-513-1534 Woodland, CA Woodland Public Accesss TV 916-669-1550 Yuba City, CA Continental Cablevision 916-674-9173 Laws· Affecting Community Media Although no federal law mandates public, educational, and governmental (PEG) acccess on cable television, community media does exist within a environment of laws and court decisions. All three branches of government at the levels of govenment have some impact: Legislative il, Executive Federal I U.S. Congress i Federal Communications Commission tJSupreme Court · I ! 1919 a Street, NW i i Washington, D.C. 20554 ~ (202) 418-0260 : ........................................................ J ................................... : .......................... ............................................................................................ State/District lIState House ilState Public Utility Commissions fIDistfict Court Local ) City Council iIMayor, Local Cable Commission i Judges Current Federal Law Regarding Public, Educational and Governmental Access Procedures and .Content The following is the complete universe of federal law concerning public educational and governmental access content, facilities, and procedures. Please see state law, local ordinances, or the operating franchise agreement for any further procedures or restrictions. 1934 Communications Act (as amended by 1984, 1992 and 1996 Acts) SEC. 611. [47 U.S.C. 531] CABLE' CHANNELS FOR PUBLIC, EDUCATIONAL, OR GOVERNMENTAL USE. (a) A franchising authority may establish requirements in a franchise with respect to the designation or use of channel capacity for public, educational, or governmental use'only to the extent provided in this section. (b) A franchising authority may in its request for proposals require as part of a franchise, and may require as part of a cable operator's proposal for a franchise renewal, subject to section 626, that channel capacity be designated for public, educational, or governmental use, and channel capacity on institutional networks be designated for educational or governmental use, and may require rules and procedures for the use of the channel capacity designated pursuant to this section.. (c) A franchising authority may enforce any requirement in any franchise regarding the providing or use of such channel capacity. Such enforcement authority includes the authority to enforce any provisions of the franchise for services, facilities, or equipment prop.oecd by the. cable operator which relate to public, educational, or governmental use of channel capacity, whether or not required by the franchising authority pursuant to subsection (b). (d) In the case of any franchise under which channel capacity is designated under subsection (b), the franchising authority shall prescribe-- (1) rules and procedures under which the cable operator is such channel capacity for the provision of other permitted to use services if such channel capacity is not being used for the purposes designated, and (2) rules and procedures under which such permitted use shall cease. - Eh~ Lo%tn~c I~OL (e) Subject to section 624(d), a cable operator shall not exercise any editorial control over any public, educational, or governmental use of channel capacity provided pursuant to this section, except a cable operator may refuse to transmit any public access program or portion of a public access program which contains obscenity, indecency, or nudity. (f) For purposes of this section, the term ''institutional network'' means a communication network which is constructed or operated by the cable operator and which is generally available only to subscribers who are not residential subscribers. Code of Federal Regulations (1997) 47 C.F.R. Section 76.702 Public Access. A cable operator may refuse to transmit any public access program or portion of a public access program that the operator reasonably believes contains obscenity. For more information: · "Communications Decency Act" Supreme Court Decision Supports First Amendment Rights in Reno v. FCC · Alliance Legislative Platform to protect and advance access to all electronic media · Alliance Public Policy Update archiVes with pertinent information about the Telecommunications Act of 1996, FCC rulemakings, and various court cases · U.S. CongreSs Commerce Committee Members · How a Federal Bill Becomes Law-- and how citizens can affect the process · Federal Communications Commission (FCC)_members and contact information · State Public Utility Commissions contact information for the U.S. and Canada · Federal Communications Commission (FCC) link to the FCC site · Thomas LegiSlative Information link to the legislative database PUBLIC POLICY I HOME ace BAKERSFIELD CITY MANAGER'S OFFICE MEMORANDUM JANUARY 31, 2001 TO: HONORABLE MAYOR AND CITY COUNCIL DEPARTMENT HEADS FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST Ill ~ ~ SUBJECT: 2001 LEGISLATIVE PLATFORM As part of its annual review of the City's Legislative Platform, the Legislative and Litigation Committee asks for input from the City's elected officials and department heads about legislative concerns which need to be reflected in the upcoming year's Legislative Platform. Councilmember Sue Benham, as Chair of the Legislative and Litigation Committee, has asked me to solicit your review of the 2000 Platform for suggestions for the 2001 year. The 2000 Legislative Platform is attached for your convenience. Please review the attached and make any comments you feel are important to keep the Platform current and-up-to-date, returning your comments to me for compilation for the Committee's review. The Legislative and Litigation-Committee will meet on February 26 to discuss this matter. Please let me have your comments by Wednesday, February 21 if at all possible. If you have any questions, please feel free to contact me at the City Manager's number, 326-3751. Thank you. (P:\L&L\PLATFORM01~0101311 ) Attachment: 2000 Legislative Platform cc: Alan Tandy, City Manager CITY OF BAKERSFIELD 2000 LEGISLATIVE PLATFORM THE CITY OF BAKERSFIELD PROVIDES GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE. THEREFORE, IT IS INCUMBENT UPON ITS 'ELECTED-OFFICIALS TO PROVIDE LEGISLATIVE LEADERSHIP WITHIN THE CITY'S BORDERS AS WELL AS WHEN DEALING WITH OTHER LEGISLATIVE ENTITIES. THE FOLLOWING POLICY STATEMENTS REFLECT THE LEGISLATIVE PLATFORM OF THE CITY OF BAKERSFIELD FOR 2000. GENERAL POLICY STATEMENTS SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S FISCAL AUTONOMY AND CHARTER CITY STATUS TO ALLOW DISCRETIONARY AUTHORITY OVER LOCAL, STATE AND/OR FEDERALLY MANDATED PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES-FOR GOVERNMENTAL DECISION MAKING AT THE LEVEL CLOSEST TO THE PEOPLE WHENEVER IT IS MOST LIKELY TO PRODUCE THE MOST EFFECTIVE AND EFFICIENT RESULT. SUPPORT LEGISLATION WHICH MAINTAINS AND/OR ENHANCES THE CITY'S LAND USE DECISION-MAKING AUTHORITY. SUPPORT LEGISLATION WHICH FOSTERS MUTUALLY ACCEPTABLE METHODS FOR CITIES AND COUNTIES AND OTHER PUBLIC AGENCIES TO WORK TOGETHER TO SOLVE ISSUES OF LOCAL CONCERN. OPPOSE LEGISLATION WHICH ALLOWS STATE OR FEDERAL CONTROL OVER AND USE OF TRADITIONAL MUNICIPAL GOVERNMENT REVENUE SOURCES. OPPOSE LEGISLATION WHICH DETRIMENTALLY IMPACTS THE LOCAL ECONOMY. OPPOSE LEGISLATION THAT PLACES GOVERNMENTAL AGENCIES IN COMPETITION FOR LIMITED FISCAL RESOURCES OR ENCOURAGES SHIFTING OF SERVICE RESPONSIBILITY WITHOUT PROVIDING ADEQUATE FUNDING. Page I of 3 QUALITY OF LIFE SUPPORT LEGISLATION WHICH PROMOTES SAFE, EFFICIENT, COST EFFECTIVE, AND RESPONSIBLE MANAGEMENT OF THE ENVIRONMENTAL COMPONENTS OF ISSUES SUCH AS URBAN DEVELOPMENT, AIR QUALITY, WATER QUALITY, TRANSPORTATION, WASTEWATER TREATMENT, AND SOLID WASTE MANAGEMENT. SUPPORT LEGISLATION WHICH INCREASES CITY PARTICIPATION AND REPRESENTATION IN STATE AND FEDERAL ISSUES OF REGIONAL CONCERN. SUPPORT LEGISLATION WHICH PROVIDES INCREASED FUNDING OF CULTURAL, RECREATIONAL AND OPEN SPACE PROGRAMS. SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE MUNICIPAL REPRESENTATION ON POLICY-MAKING BODIES WITH INTERJURISDICTIONAL POWERS (I.E., THE LOCAL AGENCY FORMATION COMMISSION, THE COUNCIL OF GOVERNMENTS, AND THE KERN COUNTY WATER AGENCY'S IMPROVEMENT DISTRICT #4). SUPPORT LEGISLATION WHICH PROVIDES APPROPRIATE FUNDING MECHANISMS FOR THE PROVISION OF LOCAL PUBLIC SAFETY SERVICES. OPPOSE LEGISLATION WHICH INCREASES THE COST OF OR ENDANGERS THE CLEAN, RELIABLE SOURCE OF WATER AVAILABLE TO THE CITY FROM THE KERN RIVER. GENERAL GOVERNMENT SUPPORT LEGISLATION WHICH EXPANDS THE CITY'S ABILITY TO DEAL ON A STATE LEVEL WITH STATE-MANDATED ISSUES AFFECTING THE FINANCIAL CONDITION OF THE CITY.- SUPPORT LEGISLATION WHICH ENHANCES MUNICIPAL CONTROL OVER PROGRAM SCOPE, IMPLEMENTATION, AND FUNDING. SUPPORT LEGISLATION WHICH PROVIDES FOR EQUITABLE DISTRIBUTION OF STATE FUNDS FOR :CITY PROGRAMS. SUPPORT LEGISLATION OR A CONSTITUTIONAL AMENDMENT THAT PROVIDES PERMANENT FISCAL RELIEF FOR CITIES IN LIGHT OF THE STATE BUDGET SURPLUS. SUPPORT LEGISLATION WHICH CONSOLIDATES SPECIAL DISTRICTS WITH OVERLAPPING JURISDICTIONS AND/OR RESPONSIBILITIES WHERE SUCH CONSOLIDATION IS CLEARLY OF BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH FACILITATES AND EXPEDITES MUNICIPAL ANNEXATION EFFORTS. OPPOSE LEGISLATION WHICH INTRUDES INTO THE CITY'S COLLECTIVE BARGAINING PROCESS AND RIGHTS. Page 2 of 3 FINANCES SUPPORT LEGISLATION WHICH ADVOCATES RESPONSIBLE AND REASONABLE STATE- MANDATED PROGRAMS IF REVENUES ARE PROVIDED AND SUCH LEGISLATION IS OF CLEAR BENEFIT TO THE CITY. SUPPORT LEGISLATION WHICH PROMOTES CONTINUED DIVERSIFICATION OF THE LOCAL ECONOMY. SUPPORT LEGISLATION WHICH REDUCES THE NEGATIVE FINANCIAL. AND OPERATIONAL IMPACTS OF TAX INCREMENT FINANCING ON AFFECTED AGENCIES. SUPPORT LEGISLATION WHICH IMPROVES CITY GOVERNMENT'S ABILITY TO FINANCE DISCRETIONARY PROGRAMS. SUPPORT LEGISLATION WHICH ENHANCES THE CITY'S ABILITY TO FUND ITS CAPITAL INFRASTRUCTURE NEEDS. SUPPORT LEGISLATION WHICH PROMOTES THE USE OF LOCAL BANKS WHERE POSSIBLE AND LOCAL BRANCHES OF NATIONAL BANKS AND FINANCIAL INSTITUTIONS FOR CITY INVESTMENT. OPPOSE THE IMPOSITION Of FEES AT THE MUNICIPAL LEVEL TO FUND STATE PROGRAMS NOT RELATED TO MUNICIPAL MATTERS. Page 3 of 3