Avon Lake Community Cable Stations Threatened

Avon Lake’s community television stations are being threatened by a state law that could potentially eliminate local access, including the city’s PEG (public, education and government) channels.

The city’s Cable Access Manager, Fran Fisher, is urging residents concerned about losing PEG stations to contact Congresswoman Betty Sutton.

On May 5 the federal Community Access Preservation Act (CAP Act), H.R. 1746 was introduced by Congresswoman Baldwin (D‐WI) and Congressman LaTourette (R‐OH). On May 23, Avon Lake Council introduced legislation in support of the resolution.

The federal bill was introduced to counter state cable laws that went into effect several years ago in 20 states. In Ohio, former governor Ted Strickland signed state Senate Bill 117 into effect in June of 2007.

The law, which prohibits cable franchising by local government authorities mandated changes which have been implemented in steps. Avon Lake Cable Access Manager Fran Fisher said the next step that could be implemented is for cable providers to start charging local access stations to carry the channels.

Although she said that has not gone into effect yet in Avon Lake, Mentor is being charged $600 per station by their cable company to carry PEG stations. Nationally, there are an estimated 5,000 PEG stations providing community access. With the introduction of WOW in Avon Lake, the city now has two carriers, including Time Warner Cable, that could charge for both or Avon Lake’s city stations.  

“Cable companies will be able to charge a fee to carry our stations,” Fisher said. "In Avon Lake (Mentor's fees) would cost us $1,200 a month times two companies.”

The total would amount to approximately 25 percent of the station’s total budget.

“This would be real harm,” Fisher said, noting that the annual total cost could result in city council opting to shut down local access.

Time Warner Cable representative Travis Reynolds disputed the comments. 

"Time Warner Cable does not charge communities, Mentor, or any others, for PEG channels. We’ve spoken with our contact in Mentor and they don’t understand where that figure came from."

Reynolds said Time Warner has no plans to charge for PEG channels in the future either.

The stations currently broadcast live council meetings, which are rebroadcast the following week and shows by council members on the government access channel and church programs and shows by residents on the public access channel. Council meetings and other city-related shows are also available online at avonlake.pegcentral.com.

The city also uses the stations as community bulletin board to notify residents of events in the city including service announcements. Avon Lake Cable Television maintains a studio in the basement of the

The school district maintains its own local cable station.

There are an estimated 5,000 PEG channels in the United States serving local communities.

LaTourette said the issue was not about money for the cities.

"These stations don't receive federal funding,” LaTourette said in a press release. “All this bill does is allow and empower local communities to keep their public access channels if they choose to do so. Many communities within the state televise council meetings or local sporting events at area high schools."

National Cable and Telecommunications Association opposed federal bill

The National Cable and Telecommunications Association is countering the CAP Act, saying passage of Baldwin and LaTourette’s bill “creates a new type of franchising entity, a local government subdivision, which includes both current franchising authorities and franchising authorities that existed before state-issued franchising laws became effective in a state.”

The Association said the industry has supported community-oriented PEG programming for over 30 years but today’s video marketplace has changed substantially.

“In effect, the CAP Act may undermine previously-negotiated arrangements between cable operators and existing franchising authorities and overrides state franchising laws,” a letter of opposition from the association said. “NCTA opposes the CAP Act.”

The association said if approved, the CAP Act would lead to higher cable rates, saying it

allows franchising authorities to impose unlimited PEG-related costs, ongoing as well as capital, in addition to the 5-percent franchise fee currently paid. The NCTA said this could lead to a higher monthly bill due to increased costs.

A letter being distributed by the NCTA said passing the CAP Act in some cities may prohibit PEG channels from being carried in digital format may actually reduce the amount of PEG programming available.

Fisher is urging residents to send a letter supporting the CAP Act to Congresswoman Betty Sutton’s office. Sutton is the U.S. Representative for Avon Lake. Click here for her contact information.