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

Change is Coming to Support ADA

by Dave Garb, Legislative Committee Chair

On the 33rd Anniversary of ADA,
The Biden-Harris Administration is working to make it easier for people with disabilities to access public services. They are taking new steps to strengthen the ADA and improve online accessibility to state and local services for those with vision, hearing, cognitive, and dexterity disabilities.

During the pandemic the disparities in online access were made quite clear. Those with hearing issues or who were deaf could not understand video messages from their governors and mayors due to a lack of captioning and American Sign Language interpretation. This lack of accessibility has led to unequal access to critical services for millions of Americans such as voter registration, filing taxes, and accessing vital records.

The Department of Justice is advancing a proposed rule to strengthen web and mobile app access for people with disabilities. This rule will not only improve access for people with disabilities, but it will also simplify how public entities – primarily state and local governments – can meet their existing ADA obligations.

As state and local governments continue to move more of their programs and activities online, ensuring that people with disabilities have equal access to these same services is essential. When websites and mobile apps are not accessible, they can be difficult or even impossible to use. This can stop those with disabilities from easily accessing important government services and programs that others can quickly obtain.

What does this mean to us here in community television? Be prepared! As I mentioned above, those with disabilities could not understand the video messages due to the lack of captioning. The Biden-Harris Administration along with the DOJ, wants equal access for all!!

The DOJ has made it clear that all Government proceedings, i.e. council meetings, board of education meetings, and other such events, will most likely need closed captioning. We will all need to start planning accordingly, in case the need arises for us to comply.

Communications, Video, and Technology Accessibility (CVTA) Act on July 25, 2023. S2494/HR 4858
Senator Markey of Massachusetts and Representative Anna Eshoo of California have reintroduced the Communications, Video, and Technology Accessibility (CVTA) Act on July 25, 2023. S2494/HR 4858
This bill updates the 21st Century Communications and Video Accessibility Act of 2010 (CVAA) which had updated federal communications law to increase the access of persons with disabilities to modern communications.
https://eshoo.house.gov/media/press-releases/rep-eshoo-sen-markey-reintroduce-cvta-make-communication-technologies

From NATOA (National Association of Telecommunications Officers and Advisors):
CVTA improves and expands closed captioning and audio description standards for television programming and online video streaming platforms to ensure people with disabilities have equitable access to the wide range of programming available to the general public.
Update current requirements to ensure viewers can easily activate and select preferred settings for closed captions and audio description on their video programming devices, such as televisions, smart phones, laptops, and tablets.
Improve access to video conferencing platforms for people with disabilities.
Ensure people with disabilities have equitable access to 9-1-1 emergency services.
Empowers the Federal Communications Commission (FCC) to ensure accessibility regulations keep pace with emerging technologies, including artificial intelligence and augmented or virtual reality platforms.

So as stated above, the writing is boldly on the wall. We may need to start preparing for closed captioning whether we are ready for it or not! More to come on this as things progress with the CVTA bill and the DOJ proposed rule.

In other news from the FCC:
Chairwoman Rosenworcel proposes national goal of 100% access to affordable broadband.
Also Proposes to Increase Minimum Speed Standard to 100/20 Mbps & Set Gigabit Future Goal

WASHINGTON, July 25, 2023—FCC Chairwoman Jessica Rosenworcel recently shared with her colleagues an updated Notice of Inquiry that would kick off the agency’s evaluation of the state of broadband across the country, as required by Section 706 of the Telecommunications Act. Chairwoman Rosenworcel proposes that the Commission consider several crucial characteristics of broadband deployment, including affordability, adoption, availability, and equitable access, when determining whether broadband is being deployed in a reasonable and timely fashion to “all Americans.”

“In today’s world, everyone needs access to affordable, high-speed internet, no exceptions,” said Chairwoman Rosenworcel. “It’s time to connect everyone, everywhere. Anything short of 100% is just not good enough.”

In addition to focusing on a universal service standard, the Notice of Inquiry proposes to increase the national fixed broadband standard to 100 megabits per second for download and 20 megabits per second for upload, and discusses a range of evidence supporting this standard, including the requirements for new networks funded by the Bipartisan Infrastructure Law. The FCC previously set the broadband standard at 25/3 Mbps in 2015 and has not updated it since. The Notice of Inquiry proposes to set a separate national goal of 1 Gbps/500 Mbps for the future.

President’s Message: July 2023 – HELP…. I Need Someone

by Bob Duthaler

There are times when running a station, you will find you may need additional support and information.  How do you get that information?  Who is available to give you that added help?  With JAG as a resource, you will find there are many places you can get the information and help you need.

Information:  Tell me how to get it!  The first and easiest way is on the JAG website.  There is a source of information and resources available on the site.  The website contains everything from access to past newsletters with pertinent information, articles and posts, conference information, videos from league presentations, members only section and much more.  This resource should always be your first stop with looking for information.

What if you can’t find what you are looking for on the JAG website?  Where can you turn to next?  Look no further then you email inbox.  As a JAG member you have access to a very powerful tool, the JAG Email List Serve.  It’s a place where you can ask questions of both JAG members and vendors alike.  You get the advantage of multiple responses from multiple resources.  Plus, you get the benefit of asking others who may have already experienced what you are seeking to find out about.

Another powerful resource:  For JAG members is our organizational members.  These are vendors who have already committed themselves to working with JAG and our membership by being part of the organization.  You should always consider them as a valued tool.  These are both companies and people who understand the unique nature of what we do, the budget constraints we are up against and the need for updated technology.  Whether looking to update your current equipment, add new technology or just plan for down the road, avail yourself of their expertise. 

What if I need just a little more?  That is a question many people have asked and where did they turn to?  A consultant.  First, I must reveal that professionally, I am a consultant.  With over 35 years of experience in the television industry, my knowledge, and the knowledge of others like me, become a valuable tool for stations just starting out, wanting to make the next move or just need additional support to help them operate.  Paying to “pick the brain” of a consultant, one who is qualified to analyze your unique needs, plan a course of action, and help you achieve your goals is another tool in the toolbox.  Consultants can help in technology, management and financially through franchise negotiations.

I know many station managers in JAG have reached out to each other to share a very important asset, crew.  So many of us in this industry might be operating a station part-time, as a volunteer or even a full-time staff, but also do freelance work on the side.  In addition, you may have camera operators and editors that freelance as well.  JAG understands the importance of these resources and to that extent has made a special section in the JAG website that allows freelancers to share their information and experience and make it available for JAG members to reach out to them to hire them for additional production support.  You never know when you might need an additional camera operator, editor, or all-around production support.  When you do, look no further than your JAG members.My goal in this article is to help you realize that your membership in JAG is an extremely valuable tool to help you achieve a higher level of quality of operation, content and understanding of the industry.  Most of this is easily accessible from your computer, web browser or email.  But you need to know that in most cases you need to reach out and make the first move to ask for help and commit yourself to the next level of paid support.  Whichever path you choose, the goal is the same: to help you move forward in your knowledge and operation of your station.

Broadband Update: July 2023

by Dave Garb, Legislative Committee Chair

Resolution Opposing American Broadband Deployment Act  As was 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 chose, to denounce this legislation.

High-Speed Internet Grant Program   On June 26th, President Biden and Vice President Harris, announced how the United States will allocate $42.45 Billion from the bipartisan High-Speed Internet Grant Program to all 50 states, the District of Columbia, and five territories, which will distribute affordable and reliable high-speed Internet service to everyone in America.

This is part of their Investing in America agenda and the funding comes from the Broadband Equity, Access, and Deployment (BEAD) program from President Biden’s Bipartisan Infrastructure Law. Grant programs will be administered to all U.S. eligible entities.

“What this announcement means for people across the country is that if you don’t have access to quality, affordable high-speed Internet service now – you will, thanks to President Biden and his commitment to investing in America,” said Secretary of Commerce Gina Raimondo. “Whether it’s connecting people to the digital economy, manufacturing fiber-optic cable in America, or creating good paying jobs building Internet infrastructure in the states, the investments we’re announcing will increase our competitiveness and spur economic growth across the country for years to come.”

Here in New Jersey, we are being allocated $263,689,548.65.  Under this law, Eligible Entities have 180 days from the date of that formal notice to submit their Initial Proposals describing how they propose to run their grant programs. As of July 1, 2023, all can submit their Initial Proposals to InternetForAll.Gov

Once the NTIA (National Telecommunications and Information Administration) approves an Initial Proposal, which will occur on a rolling basis, eligible entities will be permitted to request access to at least 20 percent of their allocated funds.

From the Senate Committee on Commerce, Science and Transportation: Senator Maria Cantwell, of Washington, has sent a letter to the FCC Imploring them to reopen their proceedings on vMVPDs.  In 2014 the agency opened a file to examine the issue of how streaming services should be treated but has yet to be put anything into place for nearly a decade.”

Senator Cantwell would like the FCC to consider changing their classification so that they would have to follow to the same rules that traditional multichannel video providers follow.

Broadcasters, along with the National Association of Broadcasters have long implored for revision of the rules regulating vMVPDs like YouTube TV, FuboTV, Sling TV, and others who provide bundles of streaming channels over the internet.

“In the nearly ten years since the FCC launched the proceeding, the video service landscape has changed dramatically,” Cantwell wrote in her letter. “However, today when viewers have more options for what content to watch (and which platform to watch it from), local broadcasts remain the recognized expert and dominant source for local news for many Americans…. Local stations provide news that is essential to our nation’s security. They keep the public informed and strengthen our democracy with on-the-ground reporting that counters misinformation and holds the powerful accountable.”

Initially, the FCC didn’t take action to classify streaming services as MVPDs because the industry was still in its early stages and because of the difficulty it presented. The FCC will have to deal with complex questions, such as, how should regulators classify the packages of streaming channels that traditional pay TV operators like Comcast and Altice deliver directly over the Internet to broadband customers?

The Success of JAG Conference

by Cynthia Hahn, C-NET Executive Director

Myself and two others of the C-NET staff were fortunate enough to be able to attend the 2023 JAG  Conference in Edison, New Jersey.  This was, for all practical purposes, the return to in-person conferences for JAG, after a fully remote conference in 2021 and a “hybrid” conference in 2022. Gathering together in person was as exciting and satisfying as I had hoped.

I had previously been a member of the JAG Conference Committee until 2021, and I know that the conference is a tremendous amount of work.  Hats off to the dedicated volunteers who planned this year’s conference – finding vendors, creating workshops, arranging for speakers, coordinating with the hotel, booking entertainment, handling registration and payment logistics, and a hundred other details.  They are to be thanked for their patience, hard work and stamina!

There were several changes to this year’s conference, which I think turned out to be quite successful.  Holding some workshops in the same room as the vendor booths gave the vendors increased exposure to attendees, and created a more intimate environment in which we were literally “in the same space”.  And the consolidation to a one-day event, with a lower registration fee, may have provided additional people the opportunity to attend.

One of the highlights of the conference was, of course, the JAG Awards!  The entertainment by Simon Mandel left the audience astounded, mystified and even downright scared!  Simon defies the laws of physics while reading minds and creating laughter….he is amazing and always leaves us wanting more!

Congratulations to all the JAG Award winners!  The awards highlight the high quality work which PEG organizations consistently produce, but do even more.  Attending the JAG Awards ceremony is a “bonding experience” for everyone who works in access.  Access employees and volunteers are often underpaid, overworked and undervalued.  But when we share our work with each other, we know it is appreciated.  When we share our work, we share the best of ourselves and our communities.

Thanks again to all those who had a part in putting together the conference and the JAG Awards.  Only 10 months until we meet again in 2024!

Editor’s Note:

Cindy Hahn was presented with JAG’s 2023 Ovation Award.

In acknowledgement of your unrelenting commitment to the members of Jersey Access Group, PEG Access and local governments throughout the State of New Jersey.

JAG Recognition Awards 2023

Community Recognition Award

The Jersey Access Group presents to the West Milford Town Council, and in particular Mayor Michele Dale and council liaisons Ada Erik and Marilyn Lichtenberg, for their continued support of their municipal channel WM77.  West Milford launched its channel just 10 years ago, but since the beginning, the council, the mayor and the liaisons have supported the activities of the all-volunteer staff to keep residents informed on township activities.  While WM77 is one of the smaller stations in the organization, it would not be able to continue its mission without the financial support and encouragement of the council, and for that reason we are pleased to present them our Community Recognition Award.

JAG Recognition Award

The Jersey Access Group presents to Lee Beckerman, one of the founding members of JAG… from its first meeting to serving on the executive board for over 18 years. Lee was involved with the writing of JAG’s first mission statement, goals and policies and procedures.  Lee served as the 2nd president of JAG and has been on the production committee from the beginning.  Lee has dedicated thousands of hours in the last 30+ years serving to the betterment of this organization and the PEG TV industry.  Lee’s time with JAG has added immeasurably to the success of the organization.  We are pleased to present Lee Beckerman the JAG Recognition Award.

President’s Ovation Awards

Presented to Stephanie Gibbons In acknowledgement of your unrelenting commitment to the members of the Jersey Access Group, PEG Access and local governments throughout the State of New Jersey.

Presented to Cindy Hahn In acknowledgement of your unrelenting commitment to the members of the Jersey Access Group, PEG Access and local governments throughout the State of New Jersey.

Vendor Recognition

The Jersey Access Group recognizes the support of Rushworks for their donation of the Streamster, a hardware/software combination for managing and streaming JAG’s own Internet TV channel.

The Jersey Access Group recognizes the support of TelVue in providing the streaming service that makes it possible for the JAG Internet TV channel to be seen on a number of different social media platforms.