Representative Nofs (Battle Creek) has introduced legislation that would take away local rights, deepen the “digital divide” and dismantle the funding system that supports public, educational and government access television in Michigan.

Due to the importance of this issue and the urgent need of responses, Media Mouse is reproducing an action alert from the Grand Rapids Community Media Center on the proposed legislation:

Background: For decades, cable companies have fairly negotiated for use of local public rights of way to provide cable TV service. In exchange, for use, they have paid “rent” in the form of franchise fees and a small portion of their capacity for non-commercial community use (public, education and government TV). This local agreement has also made it possible to ensure reasonable customer service standards and to ensure that all residents had access to services.

The proposed bill, at the urging of cable TV wannabe newcomer AT&T and other phone companies, will eliminate this system. Though the opening statement of the bill says it intends to promote competition, ensure local rights of way control and provide for local programming, the bill will do the opposite.

Good, well thought-out, non-exclusive franchise agreements are in place that work for communities. There is no reason that a new provider, such as AT&T cannot simply use the same.

Significant problems with the bill:

• Municipal experts predict that across the State, this bill would eliminate at least 30% of funding compared to franchise agreements. This will mean significant losses to already struggling local governments and may well eliminate the ability of local community channels to continue. Equipment grants also appear to go away.
• Local PEG channels will have to pay for the equipment and ongoing costs to get access channel signals to the cable/video companies. (Currently, connection is the responsibility of the cable company). And we will have to do it any way they want us to, regardless of cost. (Commercial broadcasters will not have this expense).
• The bill eliminates requirements that all in our community have access to media resources, explicitly allowing providers to “pick and choose” where they will serve. Lower income neighborhoods who are not deemed profitable enough, will not benefit from the supposed “competition”, and the “digital divide” will deepen.

  Consumer protections in existing franchise agreements are absent from the proposed bill and local communities will have no power to determine or enforce “how” our local rights of way are used. The State would take over control of our local, community property.

Conclusion: In Grand Rapids, our leaders are more than willing to sit down with phone companies who want to provide those services. But it is the responsibility of local communities to protect the interests of our residents. This legislative proposal strips local communities of their ability to do that job. HB 5895 is full of loopholes and language that gives all the advantage to private companies to do as they like, serve who they like, and squash attempts to retain local, noncommercial opportunities for our communities to speak and be heard. All of this while using local public property.

Bottom Line: This bill is unnecessary, fraught with problems and hurts communities. It could well destroy the ability of Grand Rapids Community Media Center to survive and continue to provide media services.

Additional Information: Contact info for State Reps:
Phone calls and faxes are most effective in this tight timeline. Please at least email.

A new hearing has been set for Tuesday at 9am. To read the proposed bill:

The Bill: HB 6456 (Nofs) Communications; cable; regulation of competitive cable service providers; provide for.