now named "Information Needs of Communities".
http://www.fcc.gov/info-needs-communities
... this FCC report repeats a couple of ERRORS
which are often repeated on the ACM listserv...
1) The authority for Public Access Television DOES NOT originate from the LFA, or the franchise agreement, or the 1984 Cable Act!!!
Yes, I know we've all been duped into believing this.
This is a STRAW MAN which we have been given, and as long as we
keep repeating this, public access will be DEAD.
POP QUIZ: Does everyone understand why this is a fallacy?
This is a test... and you WILL be graded!
If you do not see the fallacy, then watch this: http://vimeo.com/24075810
This is a STRAW MAN which we have been given, and as long as we
keep repeating this, public access will be DEAD.
POP QUIZ: Does everyone understand why this is a fallacy?
This is a test... and you WILL be graded!
If you do not see the fallacy, then watch this: http://vimeo.com/24075810
2) There is NOTHING inherent in statewide franchising which is deadly to Public Access!
The ONLY reason this is true de facto is because
the cableco's and telco's are writing the statewide franchises!
IF WE WERE SMART.... we would by pushing PUBLIC SERVICE OBLIGATIONS
and MANDATORY MINIMUM STANDARDS for Public Access (OK, E+G too)
at the statewide level.
Let us remember that the states with the BEST Public Access (NY, MA, VT, CA, HI) have strong state laws requiring Access.
... i.e., this is one of the reasons IMO that the CAP Act has been languishing
in the house... We have failed to do our Statewide organizing around this issue first.
the cableco's and telco's are writing the statewide franchises!
IF WE WERE SMART.... we would by pushing PUBLIC SERVICE OBLIGATIONS
and MANDATORY MINIMUM STANDARDS for Public Access (OK, E+G too)
at the statewide level.
Let us remember that the states with the BEST Public Access (NY, MA, VT, CA, HI) have strong state laws requiring Access.
... i.e., this is one of the reasons IMO that the CAP Act has been languishing
in the house... We have failed to do our Statewide organizing around this issue first.
Please people---
IF WE WANT TO TURN AROUND the current trend,
we MUST reframe this debate...
Please let us stop repeating these two major errors.
When we do, we only make matters WORSE...
Also, WHILE IT IS TRUE that
(as decided by the Supreme Court in the 1979 Midwest Video case)
the FCC lacks the statuary authority to mandate Public Access (EG too),
the FCC gets its authority from Congress, and the
Congress gets its authority from YOU!
This means that while we are scrambling to get a measly little
"We must protect what we have left!!!" law passed --
--the embodiment of the CAP act --
-- and the embodiment of the failed "visionary" statement of the ACM for 10+ years--
which doesn't do a damn thing to help Binghamton or 10,000 other
communities like mine, w/o facilities or channel capacity--
WE COULD INSTEAD could be GOING FOR THE GUSTO!!!
and demanding that Congress require MINIMUM STANDARDS for Public Access
which would solve ALL of our problems!!!
Thanks,
BH
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