AB 1007

This bill makes changes to requirements regarding public, educational, and

governmental access channels (PEG channels). Under current law, the duty of a

video service provider or interim cable operator to provide monetary support to a

municipality for access facilities for PEG channels expired on January 1, 2011. A

video service provider is a person to whom the Department of Financial Institutions

has granted a franchise that allows the person to provide cable television or

comparable service through facilities located, at least in part, in public

rights-of-way. An interim cable operator is a person to whom a municipality granted

a cable television franchise under prior law. Upon expiration of a municipally

granted franchise, current law requires the holder of the franchise to obtain a video

service franchise granted by DFI.

The bill allows a municipality to require, beginning on January 1, 2017, video

service providers and interim cable operators to pay a fee for the purpose of

supporting PEG channels. The fee, which must be set by ordinance, may be equal

to no more than 1 percent of a video service provider's or interim cable operator's

annual gross receipts. The bill also makes video service providers and interim cable

operators responsible for making any changes to PEG channel content or

programming that are necessary for compatibility with their service-delivery

technology or protocol. Under current law, municipalities that provide PEG channel

programming are responsible for such changes.

The bill also requires video service providers and interim cable operators to

provide channel capacity for PEG channels with accessibility, functionality, and

audio and visual quality that is at least equivalent to certain commercial channels.

In addition, the bill requires video service providers and interim cable operators to

do the following: 1) provide channel capacity for PEG channels so that it is viewable

by subscribers without additional service or equipment charges; 2) provide such

channel capacity on a service tier that is viewable by 100 percent of customers, rather

than by more than 50 percent, which is required under current law; 3) upon request,

put the PEG channel schedule into the electronic program guide with the same

functionality as commercial broadcast channels; and 4) provide facilities adequate

to carry signals for PEG channels without material degradation, alteration, or

removal of PEG channel content. Also, the bill clarifies duties under current law

regarding the relocation of origination points for PEG channels. Additionally, the bill

eliminates the authority of a video service provider or interim cable operator to

provide certain restored PEG channel capacity on any service tier. Finally, the bill

eliminates limits on the aggregate number of PEG channels that apply to video

service providers and interim cable operators that provide video programming to

more than one municipality.