As a result of Congress's Subcommittee on Financial Service and General Government hearing on Sept. 17, on Sept. 30 the Subcommittee wrote the FCC expressing their concerns relating to telecom (AT&T U-verse) abuse of PEG channel programming. The subcommittee asked the FCC to review these complaints and, where their findings showed illegal behavior of the telecom providers, initiate enforcement proceedings. The letter follows.
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Congress of the United States
House of Representatives
Committee on Appropriations
Washington, DC 20515-6015
September 30, 2008
The Honorable Kevin J. MartinChairmanFederal Communications Commission445 12th Street SWWashington, DC 20554
Dear Chairman Martin: ·
As you know, the Subcommittee on Financial Services and General Government heid a hearingon September 17, 2008 on public, educational, and governmentai (PEG) access to cable television.The subcommittee appreciates the participation of the Commissionʼs Media Bureau Chief, MonicaShah Desai, at this hearing.
We recognize that there are considerabie changes occurring in cable television, including thetransition to all digital transmission and the entry of new competitors and technologies into the market.We believe that these changes can deliver improved cable television for millions of viewers. However,we also believe that PEG television is essential to our communities as an outlet tbr free speech, localinformation and opinions, and emergency communications. Changes in the cabie environment shouldnot lead to a dirninishment ofthe accessibility of PEG channels to these same viewers.
The subcommittee heard several concerns relating to PEG at the hearing. These concernsinclude:
• Some cabie operators are moving PEG channels to new locations on the channel dial,including moving them into digitai locations up to the 900 channel block. Witnessesexpressed concern that this places PEG channels well away from the basic tier of channelsand may require some consumers to rent or purchase converter equipment to view PEG channels.
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• in its U-verse cable service, AT&T delivers PEG programming in a manner that is differentfrom its delivery of commercial channels. The service offers PEG programming via anInternet-based video stream at a single channel location and requires the viewer to loadPEG programming through a series of menus. Witnesses told the subcommittee that thismethod of PEG delivery is siow and technologically inferior to how commercial channelsare delivered over U-verse service. They cited inferior picture quality, lack of closedcaptioning or second audio programming, incompatibiiity with programmable recordingdevices, and absence of program Iistings for PEG programs.
• Concerns also were raised about the degradation of public safety communications onAT&Tʼs U-verse service. U-verseʼs emergency aiert system procedures were described intestimony as "cumbersome and inefficient" and as not supporting emergency alert messagesthat would override or scroll on broadcast channels. If an emergency alert messagedirecting viewers to a PEG channel for more information cannot be displayed, and if aviewer cannot immediately access a PEG channel with emergency information, we questionwhether emergency communications are being delivered effectively.
Ms. Desai made the following statement at the hearing: "The statute requires PEG channels tobe placed on the basic service tier aiong with your local broadcast channeis. So to piace additionalburdens on consumers to have to find their PEG channels seems to defeat the purpose of the basicservice tier."
We agree with this statement and beiieve that the concerns we heard at the hearing representevidence that PEG channels are being assigned a second class status outside ofthe basic service tier.We ask the Commission to asses these concerns to determine whether the situations described arecontrary to federal laws and reguiations and, if so, take expeditious enforcement actions.
Thank you for your attention to this matter, and we look forward to your response.
Sincerely,
Ralph Regula José E. SorranoRanking Member ChairmanSubcommittee on Financiai Services Subcommittee on Financiai Servicesand General Government and General Government
David R. Obey
Chairman
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The Honorable Kevin J. MartinSeptember 30, 2008Page 3
Mark Steven Kirk Carolyn C. Kilpatrick
Peter J. Visclosky Maurice D. Hinchey
Adam Schiff
Cc: The Honorable Michael J. Copps
The Honorable Jonathan S. Adelstein
The Honorable Deborah Taylor Tate
The Honorable Robert M. McDowell
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It is important to cities, towns, schools, and the general public that the next President of the United States respect the important role PEG access TV plays in free speech and community building processes. The next president should appoint only FCC commissioners who will consider equally the value of this free speech venue with all other media and communications considerations in the Commission's purview.
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