Hosted by ILNATOA

1
Jeopardy

• Hosted by ILNATOA

2
State Cable Law Money! Money! PEG Franchise Fees Is There Anything Good on TV? So You Want to be a TV Producer? 90 Statistics
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3
This entity pays to interconnect your existing
PEG programming with a State authorization holder.

• The State Authorization Holder

4
The State Authorization Holder

• 220 ILCS 5/21-601(b), (c) and/or (d)
• Is programming in compatible form?
• Holder/incumbent cable provider interconnection
• Equivalent visual/audio quality
• Equivalent functionality

5
These buildings are entitled to free cable
service.

• Public Buildings

6
Public Buildings

• 220 ILCS 5/22-501(f)
• shall provide a free service line drop and free
  basic service to all current and future public
  buildings within their footprint, including, but
  not limited to, all local unit of government
  buildings, public libraries, and public primary
  and secondary schools, whether owned or leased by
  that local unit of government ("eligible
  buildings"). Such service shall be used in a
  manner consistent with the government purpose for
  the eligible building and shall not be resold.

7
In most cases you will need this piece of
equipment to view your PEG channel.

• Converter Box

8
Converter Box

• 47 USC 543(b)(7)(A)(ii) PEG programming
  required by the franchise shall comprise a
  portion of the basic service tier
• 220 ILCS 5/21-601(f) PEG must be available on
  basic service tier.
• Comcast Converting most of analog tier to
  digital and distributing small converter boxes to
  non-digital subscribers
• Comcast requests authority in franchise
  agreements to place PEG channels on digital tier
• Other holders Only available with a set top
  box.

9
This entity pays for service drops up to 125 feet
from its existing system.

• Cable or Video Service Provider

10
Cable or Video Service Provider

• 220 ILCS 5/22-601(e)(1) 47 C.F.R.
  76.309(C)(2)(i)
• If over 125 feet, Subscriber pays the difference

11
The term referring to a cable or video providers
attempt to select specific subdivisions or areas
in which to provide service.

• Cherry Picking

12
Cherry Picking

• Cable Providers Local franchise governs areas
  of required service
• State Authorization Holders Permitted, subject
  to conditions. State law prohibits denial of
  service based on race or income. 220 ILCS
  5/21-1101(a)

13
I can pay for studio renovations and equipment
with these fees.

• PEG Fees

14
PEG Fees

• Cable Act 47 USC 542(g)(2)(C) sets limits on
  use
• Franchise Fees do not includecapital costs which
  are required by the franchise to be incurred by
  the cable operator for PEG access facilities

15
I can pay my camera persons salary with these
fees.

• General Fund/Franchise Fees/Service Provider Fees

16
General Fund/Franchise Fees/Service Provider Fees

• General Fund Unrestricted
• Franchise Fees Cable Act sets no limit on use
• Holder/Service Provider 5 FeeNo state law
  limit on use
• PEG Holder/Service Provider 1 FeeNo state law
  limit on use

17
This legislation passed last year and allows you
to determine if you are getting all of your
Franchise Fees.

• State Audit Law

18
State Audit Law

• Public Act 96-1422 Amends Local Government
  Taxpayers Bill of Rights Act and Municipal and
  Counties Codes to include Franchise Fees (not
  PEG)
• Defines terms and conditions for audit (2 year
  look-back, etc.)
• 65 ILCS 11-42-11.05 and 55 ILCS 5/5-1095.1 both
  require local governments to provide a complete
  list of addresses within their corporate limits
  and annually update the list.

19
Some communities do not charge a cable or video
provider these fees to work in the municipal
right of way

• Permit Fees

20
Permit Fees

• Franchise agreement may require that the
  municipality waive these fees
• Telecommunications utilities may have right to
  operate in ROW without permit fees
• State law requires holders to have equal
  treatment with franchisees

21
My Village cannot request that this party pay for
the cost of franchise renewal

• The Cable Provider

22
The Cable Provider

• 47 USC 542(g)(2)(D)
• Franchise fees do not include.requirements or
  charges incidental to the awarding or enforcing
  of the franchise, including payments for bonds,
  security funds, letters of credit, insurance,
  indemnification, penalties, or liquidated damages
• Narrowly construed by FCC to include only the
  specifically enumerated categories of expenses
• All other costs may be taken as a credit against
  the franchise fee

23
The person or body that makes the rules related
to channel usage.

• The Local Franchise Authority

24
The Local Franchise Authority

• 47 USC 531
• 220 ILCS 5/21-601(j)
• Cable operator does not have editorial control
• PEG operator has control

25
When PEG channels are shared with other
governmental and/or educational bodies, this
should be in place to define how the channel is
shared.

• An Intergovernmental Agreement

26
An Intergovernmental Agreement

• Types of programming
• Schedule
• Entities who can program
• Is public access allowed?
• Who controls ?

27
This for-profit time cannot be sold on a PEG
channel.

• Advertising Time

28
Advertising Time

• PEG is for noncommercial purposes under most
  franchises and state law
• 220 ILCS 5/21-601(e) Advertising, underwriting,
  or sponsorship recognition may be carried on the
  channels for the purpose of funding public,
  education, and government access related
  activities.)
• Time Warner Cable of New York City, a Div. of
  Time Warner Entertainment Co., L.P. v. City of
  New York, S.D.N.Y.1996, 943 F.Supp. 1357,
• Goldberg v. Cablevision Systems Corp.,
  E.D.N.Y.1999, 69 F.Supp.2d 398

29
This establishes a requirement for a minimum
number of hours of original programming.

• Threshold Use Requirement

30
Threshold Use Requirement

• Cable Operators a local franchise issue
• Holders of State Authorization see 220 ILCS
  5/21-601(h), (i) 40 hours/week

31
This law protects the rights of PEG channel users
and applies in some cases with PEG.

• The First Amendment

32
The First Amendment

• Cable operator No editorial control except to
  prohibit obscene programming
• Public access not required
• Limited Public Forum Rules granting public use
  of PEG channel must be content-neutral

33
This is needed to play music on my PEG channel.

• License and Consent

34
License and Consent

• License from performer of music ASCAP or BMI
  Master Agreements see www.imla.org
• Consent from owner of musical work author,
  purchaser, or administrator

35
This is needed to include someone on my program.

• Publicity Rights

36
Publicity Rights

• Consent from person being interviewed
• Consent from person in a public place
• Consent from person in a private location

37
You may have liability for this if you
incorrectly or negatively portray someone or
something.

• False Light

38
False Light

• A tort claim by someone who feels you have
  attributed to him or her
• views that he or she does not hold, and
• placed the person before the public in a highly
  offensive and untrue manner
• Related to tort of invasion of privacy

39
This would limit your ability to advertise
specific businesses in your Shop Local program on
your PEG channel.

• Commercial/Non Commercial Rule

40
Commercial/Non Commercial Rule

• State Non-Commercial requirements 220 ILCS
  5/21-601(e), allow advertising, underwriting, or
  sponsorship recognition for the purpose of
  funding public, education, and government access
  related activities.

41
This document permits me to use private property
for filming purposes.

• Production Location Agreement

42
Production Location Agreement

• Hours of use
• Type of production
• Changes to property
• Liability, insurance, indemnity
• Payment of fees

43
The number of counties in IL.

• 102

44
The number of units of local government in the
State of IL.

• 6,994
• ( Based on 2007 U.S. Census of State and Local
  Governments )

45
Percentage of cable companies who meet the
customer service standards 100 of the time.

• 0

46
Number of cable TV headends in the US today.

• 7,426
• ( Source http//www.ncta.com/Stats/CableSystems.a
  spx )

47
The year cable television originated.

• 1948
• ( Source http//www.ncta.com/About/About/Historyo
  fCableTelevision.aspx )