Legislative Update October 2023: Updates and Reminders About H.R. 3557

by Dave Garb, Legislative Committee Chair

The American Broadband Deployment Act of 2023

This past June, a newsletter was sent to inform you of a bill that was passed out of the Congressional House Energy and Commerce Committee, titled the American Broadband Deployment Act of 2023 (H.R. 3557).  JAG, along with our national partners, believe this bill would be a serious detriment to every municipality in our state.

We have learned at the end of September that the Committee’s Majority leadership has shared a draft committee report to go along with H.R. 3557.  This is typically the next step in the process for bills going to the Rules Committee and eventually the House floor sooner, not later.

From NATOA – National Association of Telecommunications Officers and Advisors – 9/28/23:

On behalf of the nation’s counties, cities, towns and villages, the National League of Cities (NLC), United States Conference of Mayors (USCM), National Association of Counties (NACo) and the National Association of Telecommunications Officers and Advisors (NATOA) have signed a joint letter (attached) “to express our deep concerns and strong opposition to H.R. 3557, the American Broadband Deployment Act of 2023.  H.R. 3557 deprives citizens and their local governments of the ability to preserve property rights and maintain public safety.”

Joint Letter in Opposition to H.R. 3557

As it stands, it’s a good assumption that the plans to move H.R. 3557 to the floor for a vote of the full House in very short order…..days, not weeks.

Last Spring, the E&C’s Communications and Technology Subcommittee held a hearing on a slew of individual bills – many of them attacking local authority- without notice and/or local government input. Ultimately, the 19 bills were rolled up into H.R. 3557 and packaged as the American Broadband Deployment Act of 2023.

H.R. 3557 quickly passed through the Subcommittee and the Energy & Commerce Committee in short order and along partisan lines.  At that point, H.R. 3557 was referred to both the House Committee on Transportation and Infrastructure and the Committee on Natural Resources for further action.  Presumably, both Committees are now ‘waiving’ jurisdiction which allows for the bill to move through the Rules Committee.

H.R. 3557, the American Broadband Act of 2023, would preempt local authority to manage our public rights-of-way and public lands’ use for telecommunications infrastructure.  It also preempts local rights of way and franchise authority in a ‘giveaway’ to cable and telecommunications providers.

City, county, town and local governments should call their members of Congress and urge them to oppose H.R. 3557.  This step is particularly important in communities where the incumbent is vulnerable, or your Representative is a former local elected official.

H.R. 3557 represents an unprecedented and dangerous usurpation of local governments’ authority to manage public rights-of-way and land use.  The bill favors cable, wireless and telecommunications providers.  The bill also waives historic preservation (NHPA) and environmental (NEPA) rules.

In return for these gifts, the bill imposes no obligations on cable, wireless and telecommunications companies to provide broadband to “unserved” and “underserved” Americans.

For local governments, it is troubling that the bill was reported out of Committee without any opportunity to hear from local government to explain not only why this legislation is not needed but how it will result in harmful preemptions and unconstitutional takings.

Local government members of the National Association of Counties (NACo), the National League of Cities (NLC), the U.S. Conference of Mayors (USCM) and the National Association of Telecommunications Officers and Advisors (NATOA), oppose heavy-handed federal overreach into local land use, permitting, and franchise negotiation decisions.

The level of government closest to the people oppose H.R. 3557 as it:

  1. Mandates that all local wireless siting decisions be “deemed granted” in impractical short time periods. (Compare the Federal agencies’ 270 days to act, while locals must conduct all engineering and other reviews in as little as 60 days.  GLL mentioned Ray Baum Act – feds get fair market value.)
  2. Provides no public safety protections for construction of these “deemed granted” facilities. (Construction will proceed without safety inspection or traffic control. (Does this mean skirting the periodic inspections of structural deployment, electrical work, etc.?)
  3. Sets timelines that are impossible to meet; creates technical grounds for defeating incompleteness notices that would pause the shot clock; and requires a local government to draft, publish and deliver to an applicant, on the same day that the local governing body hears and votes on the application, a written denial decision.  “All proceedings required by a State or local government or instrumentality thereof for the approval of the request” must be taken within these timelines.
  4. Empowers providers to install facilities where they choose regardless of local zoning, thus eliminating the ability of local government to balance providers’ and neighbors’ interests and jeopardizing the ability of local governments to impose stealth or concealment factors.
  5. Limits all local fees to a locality’s objectively reasonable costs.  Unlike current FCC rules and safe harbor pricing, localities must justify their fees using a complex, burdensome rate-making formula.
  6. Substitutes FCC for local federal district court as reviewing body for challenges to decisions, thus breaking promise made by Congress in 1996 that local governments would not be required to travel to Washington to defend local decisions.
  7. Imposes new and similarly flawed timelines and “deemed granted” remedies on applications for telecommunications facilities. 
  8. Eliminates cable franchise renewals, thereby removing ability of state or local communities to enforce franchise obligations such as build-out, customer service, and PEG.
  9. Grants a cable operator the unilateral right to terminate a franchise but creates no obligation to remove cable system from rights-of-way.
  10. Affirmatively grants cable operators the right to provide non-cable services while prohibiting localities from imposing any fees on cable operators’ revenue from non-cable services.

JAG wants every one of our New Jersey municipalities, along with our county, state and federal legislatures to be aware of this bill and why it must be stopped.

H.R. 3557 allows for the elimination of local rights and will cause suffering to local communities.  It would allow cable, wireless and telecommunications companies to,  as they wish, use public property and access to the public’s rights-of-way.  This bill would eliminate franchise renewals that support many community functions including Public, Educational and Government (PEG) Channels.

If this proceeds and becomes law, the public will get nothing in return from it but problems, while all of its benefits and rewards will be solely awarded to these businesses. For further information on H.R. 3557, please visit the following link for an in-depth Zoom Meet we recently had on it.  An In-Depth Discussion on H.R. 3557 

NJGOVTV: Revolutionizing PEG Broadcasting with a Difference

by Ed Cologna, Cologna Productions, Pres.

In the heart of Newark, New Jersey, an exciting development in the world of PEG (Public, Educational, and Government) broadcasting is about to unfold.  Cologna Productions, a local media company known for its innovative approach to broadcasting, is set to take center stage at the next Jersey Access Group (JAG) meeting.  The focal point of their presentation?  A groundbreaking platform they’ve been developing for the past two years, aptly named NJGOVTV.

The Jersey Access Group (JAG) is a community of PEG broadcasting professionals, enthusiasts, and advocates dedicated to promoting and advancing local media across the state of New Jersey.  The JAG meetings serve as a hub for individuals and organizations to share ideas, collaborate, and stay updated on the latest trends and innovations in PEG broadcasting.  Cologna Productions’ upcoming presentation promises to be a highlight of this ongoing mission.

NJGOVTV: Bridging Communities and Government

NJGOVTV represents a bold step towards enhancing the connection between local government and the communities it serves.  It is a comprehensive platform designed to streamline the dissemination of vital government information, foster civic engagement, and empower residents with a deeper understanding of their local governance.

Key Features of NJGOVTV:

1. Accessible Content: NJGOVTV aims to bring government closer to the people through a user-friendly interface. It offers easy access to live and recorded government meetings, press conferences, town hall sessions, and public service announcements.

2. Archived Content: NJGOVTV stores an extensive archive of past government events, ensuring that residents can access critical information whenever they need it.  This repository of knowledge empowers citizens to stay informed about the decisions shaping their communities.

3. Mobile Accessibility: In a world where information is at our fingertips, NJGOVTV is designed to be accessible on multiple devices, including smartphones and tablets.  This mobile functionality ensures that residents can stay connected no matter where they are.

4. Government Transparency: Cologna Productions has worked diligently to ensure that NJGOVTV fosters transparency in local government operations.  Through the platform, government officials can communicate their decisions and actions clearly and directly to their constituents.

5. Video Downloads: NJGOVTV allows residents to download content stored on the platform, enabling them to save a copy of meetings or events to their local hard drives for future reference.

6. Casting to Smart TVs: Residents can cast content from their computers or mobile devices to their smart TVs, making it even more convenient to access and view local government proceedings and community events.

7. No Cable Subscription Required: With NJGOVTV, residents no longer need to be cable subscribers to access their local PEG Channel.  This opens up access to a broader audience and promotes inclusivity.

8. Emergency Notifications: During times of emergency, each town can post emergency videos or send text messages to subscribed affected residents.  This feature is crucial for disseminating critical information about flooded areas, street closures due to snow, alternate routes, natural or man-made disasters, terrorism, and more.

What sets NJGOVTV apart from mainstream social media platforms is its dedication to providing a safe, ad-free, and neutral space for PEG broadcasting of public meetings and community events.  Unlike popular social media platforms, NJGOVTV is not cluttered with advertisements or subject to ever-changing algorithms that may affect the visibility of content.

Furthermore, NJGOVTV is committed to content neutrality.  It does not engage in censorship; rather, it places the responsibility for uploaded content on the shoulders of the PEG managers or government entities.  This ensures that information remains open and accessible to all without bias or interference. In conclusion, Cologna Productions’ presentation at the next JAG meeting, October 25 @ 12noon, promises to be a momentous event in the world of PEG broadcasting.  NJGOVTV represents not only a technological achievement but also a step forward in creating stronger, more engaged communities through Public, Educational, and Government broadcasting.  As we eagerly await the unveiling of this innovative platform, it’s clear that the future of PEG broadcasting in New Jersey is brighter than ever, thanks to the dedication and vision of Cologna Productions.

President’s Message: October 2023 JAG Needs You!!!

by Bob Duthaler

This is not a US Army campaign to get you to enlist, rather it is JAG’s plea for you to run for a Trustee position.  Each year several JAG Trustee positions expire, and we look to the membership to run and fill these positions.  This year is no exception, as three positions are set to expire at the end of December 2023.

So, what does a JAG Trustee do?  JAG Trustees help shape and set goals for the Executive Board annually during their annual reorganization meeting.  In addition, JAG’s Executive Board Members are voted into place by the Board of Trustees during their annual reorganization meeting.  Trustees create the executive board via nominations and voting during the January Re-Organization Meeting, creating the positions of President, Vice-President, Treasurer, Recording Secretary and Corresponding Secretary.  The positions of External Relations and Production Chairs are selected by those committees and brought to the board.

So, what is required of a Trustee?  JAG Trustees participate in two annual meetings including the annual reorganization meeting and annual board retreat.  Plus, you are required to attend a majority of the JAG Monthly Membership Meetings.  In addition, since Trustees make up the Executive Board, you would be required to attend monthly board meetings, currently held virtually.  JAG Executive Board Members and Trustees are also required to be part of a standing or ad-hoc committee as well, attending monthly meetings for the committees.

Don’t let all the above scare you away.  You will be in good hands with the current board members/trustees who will work with you and help bring you “into the fold”.  Not everyone is familiar with the roles and responsibilities of board members for a charitable nonprofit and fortunately educational assistance for board members is available. The harder issue is asking volunteers to take time to learn about their role and grasp what makes a great board member. Luckily there are plenty of virtual options, although in-person, and especially peer-to-peer programs, are often the most useful – and fun. There is no doubt that there is a commitment of sorts to be a Trustee, but it’s to an organization you are already a member of and committed too.  So why not take the next step, be part of the board and help shape the organization and future of JAG!  Nominations will open officially open on Wednesday, October 25th at the next JAG meeting and will remain open until Wednesday, November 8th at 11am (Eastern Time).  If you cannot make the October 25th meeting, please email me directly at bduthaler@jagonline.org and announce that you are want to run as a Trustee in the upcoming elections, also include a brief bio and statement why you want to be a Trustee for the JAG organization.

Spotlight: West Milford – Why We Do It   

By Geoffrey Belinfante, External Relations, Chair

Working in Municipal and Community Television can sometimes be a thankless job —long meetings, municipal bureaucracy, aging equipment, and angry residents—they all come with the job.  I suppose we all do it for different reasons, but I guess many of our members find it rewarding because they contribute to their stations year after year. For many, it’s like performing a public service–providing information to residents, allowing greater governmental transparency, and documenting the history of the towns we represent. 

Sometimes there is a certain repetitive feeling to some of the things we do that may cause us to question that commitment.  The same parades, the same celebrations commemorating the same events each year, and all those council and committee meetings that drag on for hours.  However, every once in a while, something happens in a town that verifies the importance of what we do, and that makes it truly rewarding. Sometimes they are happy experiences, sometime tragic.

West Milford

Sadly, last week here in West Milford we lost our DPW Director Ed Steines, who died suddenly at age 64.  However, Ed was not just the DPW director. He also served as Director of the Office of Emergency Management, and as a volunteer fireman and West Milford’s Fire Commissioner.  As you can imagine, he touched the lives of many township residents over the course of pretty much his entire adult life while working for the town.

As the Fire Commissioner and a volunteer firefighter, his home Fire Company, Company 6 offered to host a memorial service that was open to the public.   Naturally the mayor asked WM77 to cover the service on very short notice.  As many of you know, we are a very small all volunteer station with only four of our members who shoot.  Despite the Saturday service, we were able to rally the troops and provide coverage so the residents who could not attend in person could view the service both on the channel and on demand.

Summit

While this was a sad occasion, it does underline the importance of Municipal and Community access channels.  I recall another occasion where one of our member stations had to respond quickly to a similar circumstance.  Several years ago, a beloved police officer in Summit was tragically killed in an automobile accident while on his way to work. Officer Matthew Tarentino was just 29 years old when a vehicle jumped the median on Route 78 and hit him head on. Tragically he left a wife and two children with another one on the way. Officer Tarentino served as the coordinator of the DARE anti-drug program in town and often appeared on HTTV in a show about all the good things that police do called “Off the Cuff.” As a result, just like Ed, he touched the lives of many residents of all ages.  HTTV also had to rise to the occasion quite quickly.  Since their staff is larger than ours and they already had footage of the Officer from his appearances on the station, they were able to put together a video tribute as well as cover the memorial service.

When you receive gratitude from grieving family members and thanks from your township officials, it makes all the late nights and bureaucratic wrangling worthwhile.  For me, last week’s memorial service made it clear in my mind why our jobs are a little different than many jobs in the television business.  It truly is why we do what we do. Thanks to all the JAG member communities out there who, like all of you, have helped our station.

Understanding the Finance Committee

by Linda Besink, Treasurer, Finance Committee, Chair

I believe the world is populated with two kinds of people: those who love numbers, and those who haven’t discovered their magic yet.

Trust me, JAG is not doing business in millions of dollars… at least not yet.  But do you know what follows a million, a billion, and a trillion?  Much like the names of our months, they are: a quadrillion, a quintillion, a sextillion, a septillion, an octillion, a nonillion, and a decillion.

Every time the JAG monthly finance reports come together, there is a thrill (yes, I said thrill!) and a nod to the process.  Although an accounting background is not a requirement to serve on the JAG Finance Committee, in my role as Treasurer it really does help to have an innate love of numbers.  Thank goodness I am lucky enough to be able to use that in day-to-day operations.

The Finance Committee is an important committee.  The Treasurer is the chair, with the President, Vice President, and chairs of the other standing committees (Production, and External Relations) as members.  Also, any member in good standing may serve on Finance as well as any other committee.

The JAG Treasurer has a defined place in the organization’s Bylaws and in the Policies & Procedures documents.  The responsibilities and requirements of the office are specifically detailed therein.  These include:

  • Banking.  All JAG accounts are maintained and reported monthly.  Maintenance of QuickBooks and PayPal are included in the banking function.
  • Committee Reporting.  The Finance Committee meets monthly on the first Tuesday unless it becomes necessary to move the date.  All financial reports are given a recap and review; this is why you do not need an accounting background to serve on the Finance Committee – just common sense.  The reports are then brought to the Executive Committee for their monthly meetings to review and for any questions and answers.
  • State and Federal filings.  An Annual Report is filed to the State of New Jersey.  This is a very simple filing, which serves mainly to let the State know that JAG is still a viable entity and continues to conduct business.  JAG’s CPA firm assists us in preparing and filing our annual Federal tax returns.  Finally, any 1099 reporting is done through QuickBooks.

JAG is a 501(c)(3) nonprofit corporation.  Did you know that nonprofits’ financial information is public knowledge, and can be accessed by anyone?  One website you can use is www.guidestar.org .  You can also check the IRS website at https://apps.irs.gov/app/eos/  to find the nonprofit in which you’re interested.

  • Contact Information.  The Treasurer keeps track of dues payments and other operations noted above, so a list of members is kept current, as well as other important contacts.
  • Budgets and Dues Invoicing.  Budgets for all standing committees are prepared in the final quarter of each year, for introduction (January) and approval (February).  Additionally, the annual Conference and JAG Awards budgets are worked out as the information becomes available.  Dues invoices are emailed to members in December, for renewal of membership in the coming calendar year.  Dues payments are followed up on during the year.
  • Expenses.  All expenses are paid through the Treasurer.  Checks are co-signed by the President.

In addition to all the above, the Treasurer issues a new password for the members-only section of the website, annually on June 1, to all members in good standing.  If you need this password, please contact the JAG Treasurer at lbesink@gmail.com .

The JAG Treasurer also works closely with the Membership Committee, keeping the membership list current and up-to-date and following up on dues payments during the year.

Back to the wonderful world of numbers!  Did you know that a temperature of -40° is the same in Celsius as it is in Fahrenheit?  Or that most of the mathematical symbols we use every day were not even invented until the 16th century?  Maybe you know that there are so many ways to shuffle a simple deck of playing cards, that when you shuffle your deck, chances are that exact order of cards never existed before in history! Numbers are everywhere.  We use them all the time, by necessity.  Numbers are logical and perfect.  So it’s probably best to think in terms of their allure and their power.

Legislative Update September 2023: News from Washington DC

by Dave Garb, Legislative Committee Chair

Senate confirms Anna Gomez to FCC

The fifth commissioner issue at the FCC has finally been settled.  On September 7th, 2023, the US Senate confirmed Anna Gomez with bipartisan support, to serve on the Federal Communications Commission (FCC). Gomez was confirmed 55-43, with Independents and Republicans crossing the aisle.

Senate Majority Leader Chuck Schumer (D-N.Y.) commented before the vote that, “Ms. Gomez’s confirmation will fill the fifth and final spot on the FCC, so they can do the crucial work of expanding access to high-speed internet, administering programs for affordable internet access, and protecting consumers from junk fees, and much more.”

Anna Gomez is a telecom lawyer, who is currently a communications policy adviser at the State Department.  Gomez will also be the first Latina to serve on the commission in more than 20 years.

Universal Service Fund

The Communications Act of 1934 stated that all people in the United States shall have access to rapid, efficient, nationwide communications service with adequate facilities at reasonable charges.

Prior to 1996, the Universal Service Fund (USF) was created as a mechanism by which interstate long distance carriers were appraised in order to subsidize telephone service to low-income households and high-cost areas. Then in 1996, The Telecommunications Act expanded the definition to include among other things rural health care providers and eligible schools and libraries.

Currently on Capital Hill and at the FCC, reform discussions are being held in a US Senate working group. The main objective is to expand the revenue stream to go further than the interstate telecoms.  They are looking to have it include all Broadband Internet Access Services in order to fund the Universal Service Fund programs.

Affordable Connectivity Program (ACP)

One in five American households lack access to broadband and that number seems to be growing. Many eligible Americans rely on the Affordable Connectivity Program (ACP) to access the internet.

The ACP provides millions of families with financial assistance to ensure every household nationwide has access to high-speed and reliable broadband. Unfortunately, current federal investment is expected to be gone by 2024.

In order to continue funding this necessary program, Representatives Josh Gottheimer (NJ-5) and Brian Fitzpatrick (PA-1) led the call for an extension of the federal Affordable Connectivity Program (ACP) in the upcoming government appropriations bill by writing to the congressional leadership.  It was a bipartisan group of 45 Members of Congress, 29 Democrats and 16 Republicans, which also included Donald Norcross (NJ-1), and Thomas Kean, Jr. (NJ-7).

Here is this important letter:

Dear Speaker McCarthy, Leader Schumer, Leader Jeffries, and Leader McConnell:

We are writing to urge you to extend funding for the Affordable Connectivity Program (ACP), which provides families with financial assistance for broadband access, to help bridge the digital divide. Congress has a role in ensuring that high-speed and reliable broadband is accessible to every household, nationwide. We urge you to include full funding for the Affordable Connectivity Program (ACP) in the upcoming government appropriations bill to ensure that households can access the broadband they desperately need.

In the Twenty-first Century, broadband connectivity is essential to maximizing educational opportunities, stimulating economic growth, lowering health care costs, investing in a skilled workforce, and connecting individuals with their loved ones. We saw during the pandemic how critical broadband access is to everything, from getting an education to health care to telemedicine to working from home. Unfortunately, one in five American households lack access to broadband. Nearly 40 percent of eligible Americans rely on ACP to maintain internet access and that number is rapidly growing. Current funding is expected to be depleted by 2024 creating an urgent need to extend funding.

ACP provides financial assistance that enables families to access broadband so that no one in our society is left behind. It helps families, Pell Grant recipients, and veterans afford high-speed broadband services — from monthly internet bills to installation fees and computer expenses, which often create significant financial burdens. Specifically, ACP provides eligible households with up to $30 per month towards their internet bills, and a one-time subsidy of $100 towards desktops, laptops, or tablet computers for children and hardworking families.

We cannot afford to let millions of Americans lose access to broadband. If funding for ACP is not extended, it would not only put the program’s success at risk, but also impede the progress of other federal broadband investments and initiatives. Families and businesses across the country need broadband access, and ACP has become a vital tool in securing this access. It plays a critical role in connecting households, while also promoting digital literacy, device distribution, technical support, and online services training, resulting in its high enrollment and strong bipartisan support.

However, connecting every American to high-speed, affordable broadband requires a public- private partnership, and it is the federal government’s responsibility to provide secure and reliable investments. With millions of families still lacking access to a service that has become essential for education, health care, and the economy, time is of the essence.

We have a unique window of opportunity to ensure that every family and child — rural, urban, and suburban — have access to affordable broadband, and can thrive in the digital age. ACP has become a lifeline for Americans, and we cannot afford to let it expire. We strongly urge you to prioritize the extension of funding for the Affordable Connectivity Program in the upcoming government appropriations bill. Failure to extend funding would not only leave millions of families without access to the internet but also hinder our long-term competitiveness as a nation.

Sincerely,

MEMBERS OF CONGRESS

Resolution Opposing American Broadband Deployment Act

In our July newsletter we reported in the recent Special Legislative Update, the American Broadband Deployment Act of 2023 (H.R. 3557) was passed by the Congressional House Energy and Commerce Committee.  If enacted, it would impose new restrictions on local authorities’ ability to regulate a variety of state and local land use and zoning issues pertaining to the deployment of the telecommunications infrastructure.  This would include wireless and wireline deployment, as well as new limits on requirements and renewals of cable franchise agreements.

Due to the oppositions set forth from the National Association of Counties (NACo), the National League of Cities (NLC), the U.S. Conference of Mayors (USCM), the National Association of Telecommunications Officers and Advisors (NATOA), and JAG, word has been quickly spreading about this act.

One of the sponsors of the opposition letter for the USCM was Mayor Brian C. Wahler of Piscataway N.J.  Being one of the first to see the ramifications of HR 3557, he spearheaded the creation of a municipal resolution opposing it and it was recently passed by the Piscataway Township Council. A copy of this resolution has been shared at the following link,  https://jagonline.org/wp-content/uploads/2023/07/Broadband-Resolution.pdf  , so that all of New Jersey can use this as a guide to create their own resolutions, if they choose, to denounce this legislation.

President’s Message: September 2023 Mark Your Calendars – JAG Hosting Online Sessions All Year Long

by Bob Duthaler

One of the many great things we do at JAG is to educate our membership.  There are several ways we accomplish this.  We produce a monthly newsletter, monthly legislative newsletter, monthly membership meetings, annual conference and special online webinars and round table discussions.  These online sessions can be an asset to both your station operations and your production skills.

Throughout the year at both our membership meetings and from emails that I receive from members, the board and I have created a list of topics for both our Managers Round Table discussions and Webinars.  We have crafted these topics and spread them out throughout the year to coordinate with our membership needs and relevancy of the topics.  I urge you as the title of this article states – to Mark Your Calendar and add these sessions as must attend events.  The good news is, they are free!

MANAGERS ROUND TABLES

So, let’s start with the Managers Round Table discussions.  These are informal gatherings that allow for a back-and-forth conversation.  There are topics and invited guests who have experience with a particular topic.  They are there to get the session going, share their thoughts and, more importantly, listen to your questions, shared experiences, and thoughts.  As the title states, Managers Round Table, these sessions are geared for those who operate and manage a station.  But they are not limited just to Station Managers.  Please feel free to invite crew members and committee members as well, so they can learn from the experiences of others.  Here is a list of our upcoming sessions and dates:

  • POSTPONED, stay tuned for new date: Thursday, September 21st:  Sports Coverage.  Listen to representatives from stations who regularly cover sports like the Woodbridge Channels, Piscataway and Bloomfield.  Learn about everything including single camera, multi-camera, live switching with graphics, replay and play-by-play.  We will discuss how you can get started, equipment to use to get best results and even how to setup and prepare to cover sports.
  • Thursday, November 9th:  Getting An HD Channel.  Listen to representatives from stations that already have a HD Channel on their cable system.  How did they get it, what equipment is necessary, and how do they produce HD content?  Learn about local franchising results, systemwide franchising stories and more.  If time permits, we will even discuss cord cutting opportunities including streaming, OTT and more.
  • Thursday, January 18th:  Beyond the Cable Channel – the social media influence.  We will talk about how social media sites like Facebook, Instagram, Tik-Tok and X are influencing how people take in media and how stations can capitalize on these trends to create content specifically for these social media outlets.  Learn why you can’t just create long form content for on-air only, and how your station can incorporate these short form videos in to your productions and distribution.
  • Thursday, March 21st:  Cable Committees – Value or a thing of the Past.  This is an open and frank discussion on how Cable Advisory Committees and Boards work with stations, their operations, and staff.  Is there value to a cable and advisory boards – what do they bring to the table and are they necessary?  Learn from those who have them, those who are considering putting one together, or those who had committees which are no longer functioning.

WEBINARS

There are certain sessions that are of great interest to our membership, but may require both a more formal discussion and presentation and could even require bringing in outside support to share their professional experience or knowledge.  These sessions will consist of panel presentations and discussions followed by a structured Q&A at the end of each webinar.  Our webinars are designed to bring our membership updated information on valuable topics from legislative issues to new operational requirements.  Here is a list of our upcoming Webinars.  Please keep in mind that the topics may be set, but the panelists will be announced at different times.

  • Thursday, October 12th:  Learn the latest on HR 3557 (The American Broadband Act of 2023).  Our panelists will fill you in on what this bill means to Municipal Cable Operations, what can you do to help stop it and where it stands moving forward.  This is your chance to share this invite with your mayor and council, administrators, and others.  Learn the ABCs of HR3557, its impact on local government, the threat to local franchises and much more.  This is a must attend session.
  • Thursday, December 21st: ADA Compliance and What Does it Mean for your Station and Township? We will discuss Department of Justice requirements on ADA compliance for local governments, their websites, video streaming and even cable broadcasting. We have heard rumors of closed captioning for years, but this new push may require it sooner than later.  Hear what the experts are saying about it, what you can do now and how to prepare for the next 12 months or less.
  • Thursday, February 15th:  Join us as we discuss Broadband and Broadband Deployment.  Fresh off the heels of our presentation at the New Jersey League of Municipalities Conference Sessions, we will recap the session, update people on anything new or pending for the new year.  Broadband deployment and speed impact our streaming reach, streaming options and much more.  Our experts will share their experience and knowledge and help you plan.
  • Thursday, April 18th:  This session is wide-open and we are looking for input from our membership.  Is there a special topic of interest that you think would make for a great formal webinar presentation?  Do you have some specific people you would love to hear from?  The goal at JAG has always been to identify the needs of our members and give them solutions.  Please feel free to reach out to me directly at bduthaler@jagonline.org or any other board member and express your thoughts on our April Webinar.  Your input is greatly appreciated.

As you can tell, we have set aside certain Thursdays in the upcoming months to bring our membership great topics of interest, a panel with expert knowledge, and the chance for our members to discuss, in both informal and formal ways topics that matter most and have the greatest impact on our membership.  Each session will take place at 2pm on the designated Thursdays and usually last about an hour.  In addition, we will record these sessions and make them available to our membership in the private online section of our website.  Again, as the title suggests – MARK YOUR CALENDARS and join us each month for these valuable topics and discussions.

Spotlight Oakland: How Oakland, New Jersey became Altice’s test case for HD broadcast service

By Mark Albala, Vice Chairman, TV Committee, Oakland, New Jersey

Many of you do not know that the borough of Oakland was the test case for Altice’s HD service for municipal broadcasts.  The purpose of this article is to present the two-year journey of the dedicated team of volunteers, who partnered with Oakland’s elected officials and ultimately obtained permission from Altice to broadcast HD quality municipal coverage over Altice. 

While municipal broadcast service was available via Oakland TV historically, our mission to upgrade our broadcast to HD quality began in 2020 with the first rollout of HD quality service being achieved over Verizon FiOS in June 2021 and enabling HD broadcast of YouTube and LocalBTV streaming services shortly thereafter.  But it was not until November 2022 that broadcast service was upgraded to HD on Altice’s cable network.

Oakland TV booth equipment racks, August 1

This journey was taken because, as Ryan Schwerfeger, Chairman of the Oakland Communications Commission said, “In this current day, I think all local access channels would agree that HD should be the minimum broadcast quality going out to the public.  The linchpin for driving this decision was complaints from residents about the lackluster quality of municipal broadcasts available on the cable carrier covering the municipality of Oakland, namely Altice.  While I am grateful that the effort required to garner assistance from Verizon to help the community broadcast in HD was not herculean, that effort was not as straightforward when discussing our journey with Altice.  I am proud of our volunteers’ patience, persistence, and perseverance to see this to fruition, in addition to the elected officials that helped lead the charge in our quest.”

Grant Van Eck, council member of the borough of Oakland stated, “I am overjoyed for the community to finally have the Altice community access channel broadcasting at the industry standard of high definition. It was a vision I did my best to give leadership to in my capacity as an elected representative of the residents in Oakland. Without going into details, I can say it was quite a turbulent journey, but the Communications Commission and TV committee volunteer team were unwavering in their commitment to see this stretch goal come to fruition. As the great President Calvin Coolidge intelligently said, “Persistence and determination alone are omnipotent.” The team did just that, united for the benefit of our local audience, and the result is truly fantastic!”

Oakland TV committee members taping the Memorial Day Parade 2023

Jim Barry, Chairman of the TV Committee stated, “It was astonishing to observe the dogged determination of my colleagues partnered with elected officials to ultimately navigate the bureaucracy from the carriers and finally complete our transition to HD by delivering the much-needed upgrade of service carried by Altice.”

The key to obtaining Altice’s granting authority for Oakland, NJ to broadcast municipal coverage in HD ultimately came down to the persistence demonstrated by the members of the TV committee and the elected council members who joined together to lead this important charge.  “The Borough is grateful for Altice USA’s pilot program for our local Access Television Channel”, said Oakland Mayor Linda H. Schwager.  “We hope that the switch to HD continues to increase our viewership and promote community involvement”.  

The persistence is easily demonstrated through the following:

  • Many senior citizens and others within the community, who are subscribers to Altice for cable television, raised concerns that the quality of the signal and the poor mono audio of the signal made it virtually unwatchable.  Many of the senior members of our community who raised these concerns do not have access to the other venues in which the municipal broadcasts are made available.
  • The committee enlisted the assistance of our town liaison, Grant Van Eck, who was instrumental through the entire two-year journey.  Grant initiated the council resolution requesting Altice to enhance the video made available to the community to HD broadcast service.  This resolution was passed twice because of the elapsed time required to enable HD service.
  • The Communications Commission garnered the participation of Robert Auth, one of our two state representatives serving Oakland, New Jersey.
  • The Communications Commission made it a point to consistently reach out to Altice to continually stress the importance of this HD service to the Oakland community at-large.
  • The assistance of the Jersey Access Group was obtained after challenges garnering Verizon’s agreement to broadcast in HD.  We used a properly worded request similar to the one utilized in Oradell, New Jersey as provided by Jersey Access Group members to request HD service broadcast over Verizon FIOS, which ultimately was successful.  While provisioning HD service from Verizon was likely a contributing factor in Altice’s agreement to grant HD service, there is no way to assess the impact Verizon’s decision to provision HD service to Oakland had on Altice’s decision.
  • The availability of an all-fiber network within Oakland.  Altice stated that having a fiber backbone was a prerequisite for considering an upgrade to HD service.  While Altice has accelerated this upgrading of their fiber broadband network to their full complement of serviced communities, a request for HD service will only be successful in communities where Altice has upgraded their network to fiber. Because Altice is physically located in the Oakland Industrial Park, Oakland, New Jersey was included in the earlier phases of the Altice’s strategic rollout of their all-fiber broadband network.
  • According to Ryan Schwertfeger, the Chair of the Oakland Communications Commission, “While I’m sure we were an easy choice for Altice for Oakland to serve as the test community for broadcasting HD, what it really came down to was out concerted and continued pressure that led to Altice’s decision to enable Oakland’s municipal broadcast in the HD roster of channels.” 
Oakland TV Committee taping the Council Meeting, February, 2023

The fact that we had been able to broadcast HD over Verizon and other venues within Oakland raised complaints that marginalized consumers of Altice’s service because others had HD available to them, which helped fuel our mission to upgrade all broadcast venues to HD.  JAG was instrumental in wording our request to Verizon properly so that we could deliver HD to the other cable subscribers of Oakland (Verizon FiOS), which, once enabled, added fuel to the mission for an Altice HD broadcast.

In closing, Ryan mentioned how we have learned a lot from other communities within JAG family of communities who helped us envision the many ways we could improve the service we provide to the community.  Per Ryan, “I can’t tell you how proud I felt walking around this past conference and hearing Oakland’s name being dropped by a few people as a community doing something right or being ahead of the curve on the topic. I hope we can keep our momentum going with our all-volunteer crew and I hope we can help all the JAG member communities out like all of you have helped our station.”

Weaving the Threads of Community: My Journey with PEG Media

by Ed Cologna, Station Manager, Newark, Roselle, Fanwood, and Hillside TV

PEG Media Changed My Life

A long time ago, in 1990, I lived as a young man in my twenties who didn’t know what to do career-wise. I wasn’t affluent, drove a really beat-up car, lived in my mom’s basement, and fixed electronic equipment on the side. I had the potential of youth, although like many twenty-somethings, I didn’t even realize that until later. I applied for the FBI as a communication specialist but didn’t take the job once it was offered. It wasn’t for me. I wanted to help build the future of America’s energy and was hoping to work on the superconducting supercollider project in Texas, which promised to be the basis of fusion reaction technology.

In 1991, as a favor to the Mayor of Edison, Sam Convery, I recorded a segment for a PEG TV Show, using archaic video equipment. The show was produced by a young David Garb, who worked for TKR Cable Company. It was a short segment that told the story of a local artist that did artwork using soda cans. Not the type of segment that any of the mainstream channels would bother with. But at the time, PEG and Public Access stations were the true social media in town. David Garb was very kind to me and said, “You’re pretty good at this, why don’t you make this your career?” In an almost Forrest Gump kind of way, I gave it some thought and said, “Okay.” I started to find a direction and opportunities in life that I never imagined. It was people like his co-worker, Doug Gist, his wife Debbie Gist of PCTC, together with Peter and Leo, then Sandy and Cindy of East Brunswick, Lee Beckerman of Woodbridge, and many others about which I could write many other stories. And volunteers like Herb Sudzin, Carl Sylvester, George RED Ellis, Eric and Chris Rasmussen, Mirjana Pekovic, Stephanie Gibbons, and last but certainly not least, Richard Desimone.

The people mentioned and many more helped me, and we helped each other.

We shared equipment and resources and even worked for free, spending our own money without thought of reward to cover parades and create shows. Radio Shack, Tops Appliances, and Comp USA were where my money went because the towns weren’t eager to spend any money. Plus, when we needed something, such as a device, video tape, a connector, 100 feet of Video cable… we needed it at the moment and not weeks later after three quotes and the lowest bidder was provided. The towns loved the coverage but didn’t want to pay or understand what was required. Funny how situations haven’t changed over time. Nil novum in Latin.

PEG and Public Access shows were no-budget magical moments that told the stories local people truly cared about from Council Meetings to local festivals and ribbon-cuttings. There was no social media as we know it today — there was no YouTube with technology such as cell phones that could record video and audio. We did this with videotape and the wiring required to put the TV shows together, which looked like experiments in the basement of a mad scientist. To edit a council meeting sometimes would cost over $1,000 at a company called Video Corporation of America in Somerset, NJ. I learned editing by watching other editors. Spending that kind of money convinced the Edison government to eventually invest in their own video equipment. In 1993, I started doing videos for Edison’s Fire Department.  I was loaned a fire suit and a red helmet to distinguish me from the other training firefighters so I could go into the training buildings of the Middlesex County Fire Academy. I also did videos for the Edison Police Department such as SWAT ERT training, council meetings, parades, and events of all types.

In early 1994, George Spadoro became Mayor of Edison.  Hewas supportive of the operation, and started funding it more. During his first month in office, newly elected President Clinton visited Edison.

In March of 1994, after a long day that ended recording a council meeting at almost 11:00 p.m., I started driving away from the Edison municipal building in my 1966 Oldsmobile Cutlass Supreme, and in the rearview mirror, I noticed the sky turned orange. It took me a while to realize it was a giant fire not far away. I drove back to the building, got a Panasonic AG-455 super VHS camcorder, and drove to the site. This was later known as the Durham Woods explosion, which was caused by the rupture of the Texas Eastern Pipeline. Because of my fire suit and minor training, I was the only professional camera person allowed to enter and record the catastrophe. I provided the footage free of charge to the networks. I was offered money for the footage, but my response was, “I can’t profit from a tragedy.” My friend who owned a recording studio, Tony Bongiovi, half-jokingly called me an idiot for that, yet he soon got me to do some work on Late Night with David Letterman (The number one late-night talk show at the time) as well as do forensic work on the OJ Simpson trial for famous attorney F Lee Bailey. Tony owned Power Station Recording Studios, funded Jon Bon Jovi’s career, and produced many other artists. He became my mentor. I started doing freelance work, getting paid really good money during the day as an editor for Prudential television, and still working my full-time job as the station manager of Edison TV. Clocking 90 and 100-hour work weeks was common, and I loved every moment. I admit that sometimes the people that I worked with were hard to work for, but the job itself was amazing. My own brother, Fabio, a Marine and Combat Videographer, joined me and worked full time for a while in Edison with me. But my youth and arrogance were too much for him, so he continued on a different path. It is still one of the biggest regrets of my life because there is no one more loyal than him. Now he is a firefighter in Hoboken, and who knows how many lives he saved and helped. The universe has a funny way of putting different paths and choices in front of us.

It was around the year 2000 that JAG was formed.

I was invited by Rich Desimone to become one of the founding member TV stations, and without hesitation, I said yes. I didn’t ask for permission from the Edison Township Administration because I knew that was going to delay things. Sometimes it is better to ask for forgiveness than to ask for permission. It was a few years after that that this group called JAG grew, and when Verizon tried to get a bill passed that would defund the franchise fees for the PEG access TV stations, it was because of JAG that many mayors came to the state house to protest, and that line of legislation was removed from the proposed bill.

Fast forward to the year 2020, and during the pandemic, while a lot of people were staying home, my video production team and I were providing coverage to mayors, governors, CDC officials, etc. It was interesting being on the front line of coverage. Sometimes it’s not good to have a good memory, because I saw how the narrative changed from trying to protect the people to trying to control the people, and suppress information that wasn’t in the political and economic agenda. It seemed hardly anyone wanted to speak about natural immunity to SARS COVID-19, although many knew it to be very effective. The narrative one day said that masks were only reserved for frontline workers, and then suddenly everyone had to wear them. Then social distancing became obligatory. Being the PEG manager of several TV stations, I saw the difference between mainstream coverage and the local coverage where mayors wanted to save local lives and they didn’t have a hidden agenda. Mayor Baraka of Newark, Mayor Atkins of Roselle, and subsequently Mayor Shaw, Mayor Mahr of Fanwood, and Mayor Lanky of Edison…. I saw how they cared and depended on their PEG Channels to help save their constituents. They cared.

As we are in the middle of the year 2023, PEG stations need to evolve, so they don’t become extinct. Social media, in general, has become unsocial. Local stories are not being told assuming that because anyone with a Facebook account can tell their story, it should be enough, but it isn’t. YouTube and Facebook can suppress any videos posted and find any reason to do so. It doesn’t matter if it’s monetized content or not. We must keep PEG alive. Bring the stories to people, show the council, zoning, planning, library board meetings, and talk about your very local road closures or floods. Be prepared for the next tragedy or pandemic. I hope it never does, but it always is a question of when more than if.

With traditional newspapers gone, we are the ones that can truly inform the public, not some TikTocker dancing or videos about cats. We are Public, we are Educational, and we are Government storytellers. We have to keep those three letters alive and well in media.

Towards the end of the pandemic, I started a new platform called NJGOVTV, that does not have censorship because unfortunately, cable companies again are trying to find ways of defunding us, hence making us extinct. I am looking for ways to fund the NJGOVTV platform by adding special features so as to not burden municipalities and still keep us alive and relevant without commercial advertising. I will have a booth at this year’s NJLM in Atlantic City where I will showcase the platform.

The end of PEG Stations as part of Cable TV is nigh.

This offers us an opportunity to grow bigger, better, and stronger. We need to keep telling these stories and find different places to distribute them. And do it better. From the creation of shows like Dick Craig’s “Not Just Rock and Roll”, “On the Loose”, and “Uncle Floyd’s Show” all the way up to award-winning coverage of Council Meetings and documentaries, content creators must band together and not give up telling the stories that really matter to us, the locals in our respective communities.

I will finish this article with a final anecdote. I spoke to two Assemblymen, and I heard of bills they are proposing to make our lives better, but after their presentations, they said to me privately that getting mainstream coverage is almost impossible. This tells me that, as JAG stations, we need to up our game and cover more things and not fall into complacency and just do the minimum. Station Managers: If you’re too tired to do this, then recruit some young blood… get some volunteers who will eventually become paid full-timers, but don’t let the fire of your PEG station go out. Remember what it was like when you started doing this. We need to pass that flame to new generations or your efforts will have no legacy. This year 2023, for the first time, I was able to sponsor a little bit of the JAG conference. It was a small way to say thank you to all of you. So here I reiterate: thank you members of JAG for safeguarding PEG Stations.

President’s Message: August 2023 Now Is The Time To Take Advantage of JAG – We Don’t Mind

by Bob Duthaler

Have you been paying attention to new and pending legislation that could affect our industry?  Well JAG has, especially our legislative committee. That committee, under the leadership of Dave Garb, has been working with our partners at NATOA and the ACM to keep track of such legislation and are informing not only our members, but leadership throughout the state and the New Jersey League of Municipalities.  I urge you to read our special legislative newsletter that has been sent out.  You can also find it on the JAG website, or click on this link: https://jagonline.org/2023-newsletters/

Your board is also actively following pending legislation as well.  Please go back in your email inbox and revisit the email I sent the membership on June 14, 2023.  This email explains the pending legislation H.R. 3557 and why we, NATOA, ACM and dozens of other organizations oppose it.  I urge you again to send the information cited in the email to your Mayor and Council, Planning and Zoning Boards, as well as your clerk and administration.  There are elements in H.R. 3557 that will impact local government on many levels.  While searching your email, please check on an email sent from Dave Garb on July 5, 2023 which includes a sample resolution which may be used as a template to oppose H.R. 3557.  Again, I urge you to distribute that information as well.

The JAG Executive Board, along with the External Relations committee, under the direction of Geoffrey Belinfante, has been working with the New Jersey League of Municipalities to bring three different sessions to the League’s upcoming conference in November.  One of the sessions will be on the Broadband Deployment Act.  Learn how funding will be distributed, and what to expect for areas in which there is little to no broadband, along with areas that are underserved.  The panel will consist of members from the New Jersey Broadband Deployment team, and broadband companies and attorneys who are closely following this on a national and local level.  There will also be another joint session with the NJLOM and JAG on H.R. 3557.  This will be a chance for local leaders to learn more about this legislation, the lack of local control in deployment and the threat to local franchises, fees and grants.  Finally, JAG will present a session on moving beyond cable.  Learn more about OTT, social media video trends and much more.  In the upcoming months we will share more about these sessions when the exact times and dates are announced. JAG membership has a few other ways to learn about several other items that will impact the way we operate our stations and distribute information to our communities.  Some of these items include closed captioning, high-definition cable channels and streaming capabilities.  Over the course of the next few months, we will explore these and more.  Attend our monthly JAG Meetings (last Wednesday of each month), upcoming webinars, and special managers round table discussions.  It is there that we will discuss these topics, explore solutions, and hear from specialists and from each other.  These are “must-attend” events that JAG works hard to put together in order to educate and inform our members.  Please take advantage of them.  I look forward to seeing you at our upcoming meeting in September and at all future JAG events.  Should you ever have any questions or concerns, please feel free to reach out to me directly at:  bduthaler@jagonline.org