Public Access TV Under Threat from Maryland House Bill 1182
Wed., Feb. 18, 2009 Filed in: public access
news/Maryland
news
A hearing in the Maryland House of Delegates Ways and
Means Committee is scheduled for 1:00 p.m. on
Thursday, Feb. 26, 2009 on a bill that threatens
public access television stations throughout the
state.
According to the synopsis on the Maryland General Assembly website, House Bill 1182 proposes "... repealing the authority of local governments to enter into or renew agreements that include a cable franchise fee; providing for the collection and distribution of fees owed to a local government under a cable franchise agreement; authorizing the Public Service Commission to enter into statewide cable franchise agreements on or after January 1, 2010; etc." The bill is sponsored by committee chair Del. Sheila E. Hixson (Democrat, District 20, Montgomery County, 410-841-3469).
In a Feb. 17 email, Lonni Moffet, director of the Communications Office for the City of Takoma Park, alerted community media advocates that the bill was "snuck in to the hopper late Friday." Bunnie Riedel, a consultant with Riedel Communications, forwarded the email to others with a warning that — from a first glance — it appears worse than any of the other bills she looked at during a nationwide analysis she conducted for the National Association of Telecommunications Officers and Advisors (NATOA). According to Riedel, a Washington, D.C. attorney is going over the bill and will provide talking points. Riedel urged public access supporters to spread the word and call Ways and Means Committee members.
Check back for updates as we learn more about this.
Information about HB 1182 from the Maryland General Assembly website: http://mlis.state.md.us/2009rs/billfile/hb1182.htm
Update 2/19/09:
On 2/18/09 Bunnie Riedel distributed two downloadable documents relating to HB 1182: (1) talking points (HB1182_TalkingPoints_Riedel.pdf - also edited for formating and shown below) and (2) an analysis (HB1182_MARYLANDanalysis_Riedel.pdf).
HOUSE BILL 1182: BAD FOR MARYLAND, BAD FOR CONSUMERS, BAD FOR PEG
Delegate Sheila Hixson (District 20) introduced House Bill 1182, a bill that will eliminate local cable franchising, franchise fees and Public, Educational and Government (PEG) access channels and facilities. This free ride for the cable companies will hurt cities and counties across Maryland at a time when they least can afford it. House Bill 1182 is a bold grab by state government to pre-empt local government authority to negotiate cable franchise contracts that ensure customer service, proper use of public rights of way and the collection of franchise fees.
House Bill 1182 is a bad idea for Maryland and its citizens, it must be stopped!
HOUSE BILL 1182 ELIMINATES LOCAL GOVERNMENT ABILITY TO COLLECT FRANCHISE FEES
Local governments will no longer be able to directly collect franchise fees in exchange for cable operators using public rights of way. That means they stand to lose millions of dollars in these fees. Montgomery, Howard, Prince George’s and Anne Arundel combined, will lose almost $28 million a year in revenue. Baltimore City will lose almost $6 million in franchise fees. This comes at a time when Maryland counties and cities can least afford loss of revenue.
HOUSE BILL 1182 MOVES FRANCHISING TO THE PUBLIC SERVICE COMMISSION
Local control of cable franchising is eliminated and taken over by the Public Service Commission which has no experience in cable franchising. Additionally, the bill does not define how the PSC should franchise and what requirements they should enact. Nor does the bill require the PSC to collect a definitive franchise fee, so the PSC could collect franchise fees or they could waive those fees. Even if the PSC did collect a 5% franchise fee allowed by federal law, the definition for gross receipts is so vague, there would be a loss of 25% to 30% in those fees immediately.
HOUSE BILL 1182 HAS NO CUSTOMER SERVICE STANDARDS, NO REQUIREMENT FOR BUILDOUT AND NO PROVISION FOR LOCAL MANAGEMENT OF RIGHTS OF WAY
Cable operators have been notorious for providing bad service and this bill will allow them to get away with it because there are no customer service standards in this bill. That means consumers will be at the mercy of the cable operators when it comes to getting problems fixed or bills credited. In addition, there are no “build-out” requirements in HB 1182, which means new video competitors don’t have to serve an entire community, they can redline at will and existing cable operators could actually pull out of neighborhoods they find less profitable. Local government will no longer have a say in the management of their streets or sidewalks, the important management of public rights of way.
PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS TELEVISION WILL BE ELIMINATED
There are no requirements in this bill for PEG access television, in fact, PEG is not mentioned at all. Maryland is fortunate to have many thriving PEG television stations, these stations bring residents city and county council meetings, nonprofit programming, health and wellness information, school district and college programming, and individual programming. It has taken many years for Maryland cities and counties to develop these local media resources, but with the stroke of a pen, Marylanders will lose PEG access television.
TAKE ACTION NOW TO TELL YOUR REPRESENTATIVES ON THE WAYS AND MEANS COMMITTEE TO STOP HOUSE BILL 1182 IN ITS TRACKS!
IT’S BAD FOR OUR CITIES AND COUNTIES. IT’S BAD FOR CONSUMERS.
IT’S BAD FOR PEG ACCESS TELEVISION.
CALL YOUR DELEGATES TODAY!
1-800-492-7122
Update 2/23/09:
HB1182 is scheduled for a hearing in the Economic Matters Committee in addition to the Ways and Means Committee. Bunnie Riedel says, "HB 1182 will eliminate local franchising and move it to the [Public Service Commission] PSC. There is no language in HB 1182 for PEG channels or PEG support. We are seeing access channels all over this country shutting down after statewide franchising. In California we are seeing a rash of this, and in Indiana Comcast is just shutting down studios right and left. Additionally this bill gives a tax break to Verizon." The members for both committees are:
Ways and Means Committee
Sheila E. Hixson, Chair, Montgomery, 410-841-3469
Ann Marie Doory, Vice Chair, Baltimore City, 410-841-3476
Joseph R. Bartlett, Republican, Frederick, 410-841-3080
Kumar P. Barve, Democrat, Montgomery, 410-841-3464
Joseph C. Boteler III, Republican, Baltimore Co., 410-841-3365
Jon S. Cardin, Democrat, Baltimore Co., 410-841-3833
D. Page Elmore, Republican, Somerset/Wicomico, 410-841-3433
C. William Frick, Democrat, Montgomery, 410-841-3454
Ronald A. George, Republican, Anne Arundel, 410-841-3439
James W. Gilchrist, Democrat, Montgomery, 410-841-3744
Carolyn J. B. Howard, Democrat, Prince George’s, 410-841-3919
Jolene Ivey, Democrat, Prince George’s, 410-841-3478
Anne R. Kaiser, Democrat, Montgomery, 410-841-3036
Peter F. Murphy, Democrat, Charles, 410-841-3247
LeRoy E. Myers, Jr., Republican, Allegany/Wash, 410-841-3321
John A. Olszewski, Jr., Democrat, Baltimore Co., 410-841-3458
Craig L. Rice, Democrat, Montgomery, 410-841-3090
Justin D. Ross, Democrat, Prince George’s, 410-841-3652
Christopher B. Shank, Republican, Washington, 410-841-3636
Melvin L. Stukes, Democrat, Baltimore City, 410-841-3544
Frank S. Turner, Democrat, Howard, 410-841-3246
Jay Walker, Democrat, Prince George’s, 410-841-3581
Economic Matters Committee
Dereck E. Davis, Chair, Prince George’s, 410-8413519
David D. Rudolph, Vice Chair, Cecil, 410-841-3444
Charles E. Barkley, Democrat, Montgomery, 410-841-3001
Aisha N. Braveboy, Democrat, Prince George’s, 410-841-3707
Emmett C. Burns, Jr., Democrat, Baltimore Co., 410-841-3352
Brian J. Feldman, Democrat, Montgomery, 410-841-3186
Jeannie Haddaway-Riccio, Republican, Caroline/Dorchester/Talbot, 410-841-3429
Hattie N. Harrison, Democrat, Baltimore City, 410-841-3486
C. Sue Hecht, Democrat, Frederick, 410-841-3472
Richard K. Impallaria, Republican, Baltimore Co./Harford, 410-841-3334
Sally Y. Jameson, Democrat, Charles, 410-841-3337
James J. King, Republican, Anne Arundel, 410-841-3510
Ruth M. Kirk, Democrat, Baltimore City, 410-841-3802
Carolyn J. Krysiak, Democrat, Baltimore City, 410-841-3303
Mary Ann Love, Democrat, Anne Arundel, 410-841-3511
Roger Manno, Democrat, Montgomery, 410-841-3883
James N. Mathias, Jr., Democrat, Wicomico/Worcester, 410-841-3431
Brian K. McHale, Democrat, Baltimore City, 410-841-3319
Warren E. Miller, Republican, Howard, 410-841-3582
Joseph J. Minnick, Democrat, Baltimore Co., 410-841-3332
Donna Stifler, Republican, Harford, 410-841-3278
Herman L. Taylor, Jr., Democrat, Montgomery, 410-841-3380
Michael L. Vaughn, Democrat, Prince George’s, 410-841-3691
Mary Roe Walkup, Republican, Caroline/Cecil/Kent, 410-841-3449
According to the synopsis on the Maryland General Assembly website, House Bill 1182 proposes "... repealing the authority of local governments to enter into or renew agreements that include a cable franchise fee; providing for the collection and distribution of fees owed to a local government under a cable franchise agreement; authorizing the Public Service Commission to enter into statewide cable franchise agreements on or after January 1, 2010; etc." The bill is sponsored by committee chair Del. Sheila E. Hixson (Democrat, District 20, Montgomery County, 410-841-3469).
In a Feb. 17 email, Lonni Moffet, director of the Communications Office for the City of Takoma Park, alerted community media advocates that the bill was "snuck in to the hopper late Friday." Bunnie Riedel, a consultant with Riedel Communications, forwarded the email to others with a warning that — from a first glance — it appears worse than any of the other bills she looked at during a nationwide analysis she conducted for the National Association of Telecommunications Officers and Advisors (NATOA). According to Riedel, a Washington, D.C. attorney is going over the bill and will provide talking points. Riedel urged public access supporters to spread the word and call Ways and Means Committee members.
Check back for updates as we learn more about this.
Information about HB 1182 from the Maryland General Assembly website: http://mlis.state.md.us/2009rs/billfile/hb1182.htm
Update 2/19/09:
On 2/18/09 Bunnie Riedel distributed two downloadable documents relating to HB 1182: (1) talking points (HB1182_TalkingPoints_Riedel.pdf - also edited for formating and shown below) and (2) an analysis (HB1182_MARYLANDanalysis_Riedel.pdf).
HOUSE BILL 1182: BAD FOR MARYLAND, BAD FOR CONSUMERS, BAD FOR PEG
Delegate Sheila Hixson (District 20) introduced House Bill 1182, a bill that will eliminate local cable franchising, franchise fees and Public, Educational and Government (PEG) access channels and facilities. This free ride for the cable companies will hurt cities and counties across Maryland at a time when they least can afford it. House Bill 1182 is a bold grab by state government to pre-empt local government authority to negotiate cable franchise contracts that ensure customer service, proper use of public rights of way and the collection of franchise fees.
House Bill 1182 is a bad idea for Maryland and its citizens, it must be stopped!
HOUSE BILL 1182 ELIMINATES LOCAL GOVERNMENT ABILITY TO COLLECT FRANCHISE FEES
Local governments will no longer be able to directly collect franchise fees in exchange for cable operators using public rights of way. That means they stand to lose millions of dollars in these fees. Montgomery, Howard, Prince George’s and Anne Arundel combined, will lose almost $28 million a year in revenue. Baltimore City will lose almost $6 million in franchise fees. This comes at a time when Maryland counties and cities can least afford loss of revenue.
HOUSE BILL 1182 MOVES FRANCHISING TO THE PUBLIC SERVICE COMMISSION
Local control of cable franchising is eliminated and taken over by the Public Service Commission which has no experience in cable franchising. Additionally, the bill does not define how the PSC should franchise and what requirements they should enact. Nor does the bill require the PSC to collect a definitive franchise fee, so the PSC could collect franchise fees or they could waive those fees. Even if the PSC did collect a 5% franchise fee allowed by federal law, the definition for gross receipts is so vague, there would be a loss of 25% to 30% in those fees immediately.
HOUSE BILL 1182 HAS NO CUSTOMER SERVICE STANDARDS, NO REQUIREMENT FOR BUILDOUT AND NO PROVISION FOR LOCAL MANAGEMENT OF RIGHTS OF WAY
Cable operators have been notorious for providing bad service and this bill will allow them to get away with it because there are no customer service standards in this bill. That means consumers will be at the mercy of the cable operators when it comes to getting problems fixed or bills credited. In addition, there are no “build-out” requirements in HB 1182, which means new video competitors don’t have to serve an entire community, they can redline at will and existing cable operators could actually pull out of neighborhoods they find less profitable. Local government will no longer have a say in the management of their streets or sidewalks, the important management of public rights of way.
PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS TELEVISION WILL BE ELIMINATED
There are no requirements in this bill for PEG access television, in fact, PEG is not mentioned at all. Maryland is fortunate to have many thriving PEG television stations, these stations bring residents city and county council meetings, nonprofit programming, health and wellness information, school district and college programming, and individual programming. It has taken many years for Maryland cities and counties to develop these local media resources, but with the stroke of a pen, Marylanders will lose PEG access television.
TAKE ACTION NOW TO TELL YOUR REPRESENTATIVES ON THE WAYS AND MEANS COMMITTEE TO STOP HOUSE BILL 1182 IN ITS TRACKS!
IT’S BAD FOR OUR CITIES AND COUNTIES. IT’S BAD FOR CONSUMERS.
IT’S BAD FOR PEG ACCESS TELEVISION.
CALL YOUR DELEGATES TODAY!
1-800-492-7122
Update 2/23/09:
HB1182 is scheduled for a hearing in the Economic Matters Committee in addition to the Ways and Means Committee. Bunnie Riedel says, "HB 1182 will eliminate local franchising and move it to the [Public Service Commission] PSC. There is no language in HB 1182 for PEG channels or PEG support. We are seeing access channels all over this country shutting down after statewide franchising. In California we are seeing a rash of this, and in Indiana Comcast is just shutting down studios right and left. Additionally this bill gives a tax break to Verizon." The members for both committees are:
Ways and Means Committee
Sheila E. Hixson, Chair, Montgomery, 410-841-3469
Ann Marie Doory, Vice Chair, Baltimore City, 410-841-3476
Joseph R. Bartlett, Republican, Frederick, 410-841-3080
Kumar P. Barve, Democrat, Montgomery, 410-841-3464
Joseph C. Boteler III, Republican, Baltimore Co., 410-841-3365
Jon S. Cardin, Democrat, Baltimore Co., 410-841-3833
D. Page Elmore, Republican, Somerset/Wicomico, 410-841-3433
C. William Frick, Democrat, Montgomery, 410-841-3454
Ronald A. George, Republican, Anne Arundel, 410-841-3439
James W. Gilchrist, Democrat, Montgomery, 410-841-3744
Carolyn J. B. Howard, Democrat, Prince George’s, 410-841-3919
Jolene Ivey, Democrat, Prince George’s, 410-841-3478
Anne R. Kaiser, Democrat, Montgomery, 410-841-3036
Peter F. Murphy, Democrat, Charles, 410-841-3247
LeRoy E. Myers, Jr., Republican, Allegany/Wash, 410-841-3321
John A. Olszewski, Jr., Democrat, Baltimore Co., 410-841-3458
Craig L. Rice, Democrat, Montgomery, 410-841-3090
Justin D. Ross, Democrat, Prince George’s, 410-841-3652
Christopher B. Shank, Republican, Washington, 410-841-3636
Melvin L. Stukes, Democrat, Baltimore City, 410-841-3544
Frank S. Turner, Democrat, Howard, 410-841-3246
Jay Walker, Democrat, Prince George’s, 410-841-3581
Economic Matters Committee
Dereck E. Davis, Chair, Prince George’s, 410-8413519
David D. Rudolph, Vice Chair, Cecil, 410-841-3444
Charles E. Barkley, Democrat, Montgomery, 410-841-3001
Aisha N. Braveboy, Democrat, Prince George’s, 410-841-3707
Emmett C. Burns, Jr., Democrat, Baltimore Co., 410-841-3352
Brian J. Feldman, Democrat, Montgomery, 410-841-3186
Jeannie Haddaway-Riccio, Republican, Caroline/Dorchester/Talbot, 410-841-3429
Hattie N. Harrison, Democrat, Baltimore City, 410-841-3486
C. Sue Hecht, Democrat, Frederick, 410-841-3472
Richard K. Impallaria, Republican, Baltimore Co./Harford, 410-841-3334
Sally Y. Jameson, Democrat, Charles, 410-841-3337
James J. King, Republican, Anne Arundel, 410-841-3510
Ruth M. Kirk, Democrat, Baltimore City, 410-841-3802
Carolyn J. Krysiak, Democrat, Baltimore City, 410-841-3303
Mary Ann Love, Democrat, Anne Arundel, 410-841-3511
Roger Manno, Democrat, Montgomery, 410-841-3883
James N. Mathias, Jr., Democrat, Wicomico/Worcester, 410-841-3431
Brian K. McHale, Democrat, Baltimore City, 410-841-3319
Warren E. Miller, Republican, Howard, 410-841-3582
Joseph J. Minnick, Democrat, Baltimore Co., 410-841-3332
Donna Stifler, Republican, Harford, 410-841-3278
Herman L. Taylor, Jr., Democrat, Montgomery, 410-841-3380
Michael L. Vaughn, Democrat, Prince George’s, 410-841-3691
Mary Roe Walkup, Republican, Caroline/Cecil/Kent, 410-841-3449