Thanks very much to Walt Taylor for hailing us regarding the meeting. Walt also spent hours last measuring the Comcast building and drawing up a plan. Thank you Walt! As Walt said in his email, PEG will be on the agenda for the Lompoc City Council Tuesday 4/6 at 7:00pm. Please come speak. If you don't wish to speak, please attend. Speakers might prepare to ask the CC for some concrete action. Below is some background information and my opinion of the most central issues to bring to the CC's attention at this time. BACKGROUND ============ The Franchise Agreement: - in effect beginning Jan 2003 for 12 years. - between both cities and Comcast, so both cities could get a better deal. - calls for 5% of Comcast's local gross revenues to be paid directly to the cities. - calls for a one-time capital grant of $800,000. This was paid in Jan 2003 and is in a trust account. - calls for an annual operating grant of $355,000 (adjusted to CPI) to be paid each year beginning in Jan 2004 - does not specify a split of funds The Memorandum of Understanding: - between Lompoc and Santa Maria to build and operate facilities jointly - signed in September 2003 - stated purpose is "efficiency" - specifies an "executive entity" (e.g., one person, such as Bryan Miller, or an organization, such as a non-profit) - specifies an "executive committee" made up of two "city representatives" from each city to oversee operation and management of the facilities - does not specify a split of funds - can be dissolved by either city with 90 days notice PEG Executive Director Bryan Miller: - the position and job description were posted by Santa Maria in October 2003 - is a Santa Maria employee to be shared by Lompoc, paid from the trust account - Bryan comes from Napa, operated PEG there as ED of a non-profit corporation PEG - cable operators are required to provide local channels (local origination and PEG) - local origination (LO) is programming the cable operator produces or buys, or leases use of a local channel - Public, Education and Government (PEG) access is for public use - consists of channels, plus equipment for creating programs - required of cable operators by FCC in 1972 and Congress in 1984 - public access (PA) content is protected by the First Amendment - since 1996, a cable operator cannot edit or prohibit PA content - a cable operator can only refuse to air PA content that is obscene, but it is not obscene until it airs. ISSUES ========= Local discretion: All decisions about PEG rules and funds are being made by the executive committee (EC). This committee is made up of 2 city reps from Lompoc and 2 from SM, plus Bryan. There is no local body (person or group) to review decisions made by the EC and how they will affect Lompoc. There is no local body (person or group) to give voice to local needs not being addressed by the EC. Lots of people have a stake in how, where, and when the Lompoc facility will operate, however, all decisions are taking place behind closed doors. CALL: a Lompoc ad hoc committee Funds: The split of funds was never resolved. The first action of the executive committee was to split it unevenly. The history of this issue: Sue Buske (cable consultant) advised L & SM to combine under one exec entity to operate 2 PEG centers less expensively. No split defined. In June 2003 SM City Mgr Tim Ness said publicly the funds were half. MOU signed Sept 2003 did not define split. Dec 2003 Mayor DeWees said at CC meeting, they're bigger than we are, they get more. Mar 2004 exec committee splits 60-40. The argument pro 60-40 is that SM has more subscribers. The arguments against 60-40: - the Comcast grant is not linked to subscibers. - Lompoc has greater need because it has more use. Question: How were the funds paid to the cities? If checks from Comcast were paid to each of the cities, were they equal? Question: What public accounting is there of how the funds are spent? How can we inspect these accounts? CALL: CC ask staff to show the public what amount it was paid by Comcast, and also enable inspection of the budget Equipment: Lompoc's equipment must be able to operate independently of Santa Maria. We still have no shopping list from Bryan. The playback system Bryan has proposed is flawed, because Lompoc would depend on SM for our own playback. In response to the suggestion of a second small studio in Lompoc, Bryan said it's not needed, but current demand suggests we should consider it. Our capital funding will be gone soon and these certain needs may go unaddressed. CALL: CC give a local ad hoc committee the right to inspect the equipment plan and the funds Staffing: Bryan plans to hire a program director and operating staff. City staffing is expensive and inflexible. Mutual employment by two cities is even more so. CALL: CC ask staff for the staffing and hiring plan Site: The location must be accessible to the public. The site must have common areas, quiet editing areas, group planning areas, as well as green room and studio space. The building must have public parking. No future encroachment can take place, if PEG space is shared with another department. The lease cannot exceed some percentage of the budget. CALL: CC provide the ad hoc committee with a comparison of potential sites PEG integrity: Producer autonomy and strict liability must be respected in studio design, studio use, and staffing. Equipment, wiring, and training must aim for ease and variability of use by producers. CALL: CC direct staff to adhere to disclaimers and liability I know this was a lot of information. I hope not too much. If anyone has other concerns or issues, shoot them up to the list. Any PEG supporters willing to stick it out till the end of the meeting will be appreciated. Surprises can happen. 50-50! DeAnne ==================================================== Lompoc public access producers group Post to: Lompoc_TV@xxxxxxxxxxxxx Admin: deanne.carr@xxxxxxxxxxx (un/subscribe) ====================================================