by Dave Garb, Legislative Committee Chair
As the summer slowly winds down, movement in the Capitol is in full swing and the Legislative Committee is working hard to stay on top of the latest developments.
From NATOA:
A few weeks ago the FCC released two items that deal with closed captioning. The first one, Docket No. 12-108, requires device manufacturers and multichannel video programming distributors (MVPD) to make closed captioning display settings “readily accessible” to individuals who are deaf or hard of hearing.
The second one, Docket No. 05-231, will be of great importance to PEG operators. This proposal would exempt certain video programming providers from its closed captioning registration and certification requirements if they provide programming to public, educational, and governmental access channels (PEG) or to non-broadcast networks for distribution by a cable operator or other MVPD if the PEG channels or the network are exempt from or have certified compliance with the captioning rules.
Nearly 8 years ago, the Alliance for Community Media (ACM) filed a petition in this matter requesting that the closed captioning registration and certification requirements be waived for program producers that provide programs exclusively over PEG channels. At that time, NATOA and a number of communities and access organizations supported ACM’s petition.
ACM Rational in 2016: Although PEG programming is not categorically exempt from captioning, ACM states that the vast majority of PEG channels fall within one or more of the Commission’s closed captioning exemption categories, e.g., because the channel produces annual revenue less than $3,000,000. Therefore, ACM reasons, requiring PEG programmers to register and certify would be “needless” if they are exclusively distributing programs on channels that are exempt from captioning under the Commission’s rules. According to ACM, more than 1.2 million volunteers and more than 250,000 community groups provide PEG programming in local communities across the United States. These include “ordinary citizens and organizations—Cub Scouts, gospel choirs, political candidates, and community groups of every possible type.” Requiring each PEG program producer to register and certify compliance for its video programming on channels that are themselves exempt, ACM argues, would impose a significant and unnecessary burden on such programmers and needlessly clutter the Commission’s registration system.
The FCC published a Final Rule in the Federal Register on August 23, 2016 that imposed new reporting requirements on public, educational and governmental access programming with respect to the closed captioning of video programming on television. These obligations included:
(1) New requirements to certify compliance with or exemption from the FCC’s closed captioning rules;
(2) Introduction of a “burden-shifting” model for the resolution of complaints about closed captioning; and
(3) Introduction of a new “Video Programmer Registration” system in which PEG access stations will have to provide contact information into the FCC’s website.
The Alliance for Community Media, the national association of PEG programmers and stations, filed a Petition for Waiver from the new reporting rules for all PEG access programmers. The waiver sought for video programming producers would exempt programmers that are not PEG access stations from both the compliance certification and the registration requirement. The petition for waiver didn’t seek to change compliance certification and registration requirements for PEG stations so much as it is seeking an exemption for those who produce.
You can read the recent Further Notice of Proposed Rulemaking on Closed Captioning of Video Programming Telecommunications for the Deaf and Hard of Hearing Petition, CG Docket No#: 05-231, at: https://docs.fcc.gov/public/attachments/FCC-24-80A1.pdf.
Exactly what this means to PEG if this decision passes is still to be determined. There is still the DOJ’s ruling from this past April that states we all will need to be captioning in the very near future. So be ready for a flood of possibilities.
In the meantime, at the JAG conference this past May, we held a session on the DOJ’s ruling Titled: ADA Compliance-Updates on the DOJ Rulings and Closed Captioning for Municipal Websites and PEG Channels. It relates what we must start preparing for in the very near future. Either way it turns out, start budgeting for it now!
From the NTIA – National Telecommunications and Information Administration:
The NTIA Notice of Funding Opportunity (NOFO) on the Digital Equity Competitive Grant Program (DECGP) is out!
Congress and President Biden have designated around $90 billion in funding—spread across a plethora of initiatives through the Infrastructure Act (IIJA) and American Rescue Plan Act (ARPA) — to close the digital divide. On July 24, the federal government rolled out one of those programs. NTIA announced that more than $910 million is now available under the Digital Equity Act’s Competitive Grant Program which is part of Biden’s “Internet for All” initiative.
From NATOA:
NATOA believes that the NTIA is interested in multi-jurisdictional, multi-state projects. Our member communities and PEG access centers are uniquely positioned to submit a coalition grant application. The mission of our PEG operations and cable departments has always been to outreach to the disenfranchised. PEG centers already provide training and programming for Seniors, Veterans, People Living with Disabilities, rural residents, low-income residents, ethnic and linguistic minorities. Our collective experience as local Public Educational and Government (PEG) Access organizations and local government cable programs has us uniquely qualified to address the needs of the unserved and under-served in our communities. We’ve been doing it for decades for cable and broadband! PEG centers are uniquely positioned to offer Digital Equity & Inclusion activities for “Covered Populations.”
Who are considered “Covered Populations”?
As defined in Section I.C. of the NOFO, Covered Populations are:
- Individuals who live in covered households (<=150% of poverty).
- Aging individuals (60 and above).
- Incarcerated individuals, other than individuals who are incarcerated in a Federal correctional facility.
- Veterans.
- Individuals with disabilities.
- Individuals with a language barrier, including individuals who are English learners; and have low levels of literacy.
- Individuals who are members of a racial or ethnic minority group.
- Individuals who primarily reside in a rural area.
The Digital Equity Competitive Grant Program is a $1.25 billion grant program for five years to implement digital equity projects.Building Your Digital Equity Capacity. Indeed, those whom the Digital Equity Act describes as Covered Populations are what we know to be our constituents, our audience.
We know that many PEG centers already pursue training opportunities for their communities and offer their public access centers as training centers for a/v editing, digital programming production, online video and social media video production.
Don’t look now, but you’re already running a “public access computing center!” The alignment of your current mission to one that addresses digital Inclusion is a modest step forward. As part of a proposal you could add:
- Training programs similar to OATS or TGH in participating communities
- Video-delivered trainings
- Government channel programming for outreach, assistance, etc.
- All PEG channels – creation of video content
- Grassroots outreach
- Local government staff training as digital navigators
- PEG centers as training as digital navigators
- Local solutions are the best solutions
- Covered populations
- Target smaller communities, as well
- A local replacement to the Affordable Connectivity Program (ACP)
Because of the importance of this grant program and how it could help our individual communities, NATOA is putting forth a coalition to ask that a portion of this money go to PEG stations in need who meet any of the requirements. In order for you to be in consideration, NATOA has as created Special Application, to be a part of this coalition.
This grant program has a fast deadline and if anyone is interested, you must act now. For more information on this grant opportunity please visit: Digital Equity Competitive Grant Program. Remember, this grant program needs a quick turnaround for anyone is interested in attempting to acquire a portion of this grant. More information on this program will be coming to you shortly.
JAG (Jersey Access Group) constantly advocates, analyzes and addresses emerging issues in areas such as: local government communications and internet policy. JAG promotes, and preserves the right to media production, distribution, civic engagement, and education in support of diverse community voices, through public, educational and government access facilities and other forms of media.
Posted: September 23, 2024 by Doug Seidel
Spotlight on Piscataway Community TV: A Local Treasure Promoting Unity and Diversity
By George Fairfeld, Station Manager Piscataway Community TV
In an era dominated by global media giants and digital streaming services, hyperlocal community television channels like Piscataway Community TV, (PCTV) continue to play a crucial role in maintaining a sense of community, fostering local engagement, and providing residents with content that truly matters to them. PCTV is not just another channel on the dial; it is a valuable resource that serves the Piscataway residents and the residents of Central NJ by keeping them informed, entertained, and connected. That value was never more apparent than during the aftermath of Super Storm Sandy in October 2012 or during the World Wide Pandemic in 2020. During these crises, Piscataway Community Television was always a constant source for the residents to find necessary hyperlocal information for their local officials that kept them safe and informed.
A Brief History of PCTV
Established as a response to the community’s need for a localized media platform, PCTV was established in 1984 through a federal grant from the National Telecommunications Information Administration (NTIA). That grant money was used to purchase start-up equipment for a small TV operation and the studio was the council chambers when not in use.
Through the past 40 years, PCTV’s location on the channel lineup changed and viewership increased with the addition of Verizon FiOS and streaming/on-demand opportunities through the support of JAG’s organizational member, TelVue, but the mission of the station remained the same. PCTV provides coverage of events and activities that are important to Piscataway residents and the residents of Central NJ.
Programming That Reflects the Community
One of the standout features of PCTV is its wide range of programming. The channel provides coverage of council meetings and other local government sessions ensuring transparency and keeping residents informed about decisions that affect their daily lives. This coverage allows citizens to stay connected with their local government, even if they cannot attend the meetings in person.
In addition to government coverage, PCTV offers a variety of educational and cultural programs. Local educational institutions often collaborate with PCTV to produce content that highlights academic achievements and educational events. This not only promotes the importance of education within the community but also gives students a platform to showcase their work and talents.
Community events such as parades, festivals, and local sports, are another key aspect of PCTV’s programming. These events are often the heart and soul of the township, bringing together residents from all walks of life to celebrate their heritage and culture. By broadcasting these events, PCTV ensures that everyone, including those who cannot attend in person, can be a part of these communal experiences.
Another vital service PCTV provides to the residents is the daily dissemination of information. The Community Bulletin Board provides up-to-date information about events taking place in the community. Nonprofit organizations are able to submit announcements for their services and events.
Empowering Local Voices
One of the most significant contributions of PCTV is its role in empowering local voices. Since the beginning, PCTV has conducted training programs that produce volunteer crews. The staff teaches residents how to operate TV cameras, run the audio board, serve as floor manager during live and recorded productions, direct multi-cameras, field reporting and more. Without the involvement of the trained volunteers, PCTV would not be able to capture the large amount of programing shown each month. These training programs are instrumental in producing high-quality content plus beneficial for young people who are interested in pursuing careers in media and broadcasting. It provides them with hands-on experience and a platform to hone their craft.
Since 1984, more than 400 people have been trained at the station!
Adapting to the Digital Age
Over the years, PCTV has evolved, embraced new technologies and adapted to the changing media landscape by expanding its presence online. The channel’s website and social media platforms provide additional avenues for residents to access content, whether it’s live-streaming local events, catching up on missed programming via on-demand, or providing current information. This digital expansion has allowed PCTV to reach a broader audience and engage with the community in new and innovative ways.
Looking Ahead
Piscataway Community TV has grown into a vital part of the township’s communication infrastructure.
Whether it’s a local talk show, a cooking segment, or a documentary on a community issue, PCTV offers the resources and technical support necessary to bring these ideas to life. This democratization of media is crucial in a time when large media conglomerates often dominate the airwaves, leaving little room for grassroots content.
PCTV remains committed to its mission of serving the residents of Piscataway and the surrounding towns. The station plans to continue expanding its programming, embracing new technologies, and finding innovative ways to engage with residents. Piscataway Community TV exemplifies the power of hyperlocal media in fostering community spirit and ensuring that every resident has a voice. In a world where media is increasingly centralized, Piscataway Community Television stands out as a beacon of local engagement, proving that sometimes, the most meaningful stories are those told right at home.
Posted: September 23, 2024 by Doug Seidel
Legislative Update August 2024: News from Trenton & Washington, DC
by Dave Garb, Legislative Committee Chair
Because of its importance, I am going to bring up an article that we commented on last month. It is about the FCC’s Docket No. 05-231 *Closed Captioning of Video Programming Telecommunications for the Deaf and Hard of Hearing, Inc. Petition for Rulemaking*.
From NATOA:
Docket No. 05-231, will be of great importance to PEG operators. This proposal would exempt certain video programming providers from its closed captioning registration and certification requirements if they provide programming to public, educational, and governmental access channels (PEG) or to non-broadcast networks for distribution by a cable operator or other MVPD if the PEG channels or the network are exempt from or have certified compliance with the captioning rules.
Nearly 8 years ago, the Alliance for Community Media filed a petition in this matter requesting that the closed captioning registration and certification requirements be waived for program producers that provide programs exclusively over PEG channels. At that time, NATOA and a number of communities and access organizations supported ACM’s petition.
ACM Rationale in 2016: Although PEG programming is not categorically exempt from captioning, ACM states that the vast majority of PEG channels fall within one or more of the Commission’s closed captioning exemption categories, e.g., because the channel produces annual revenue less than $3,000,000. Therefore, ACM reasons, requiring PEG programmers to register and certify would be “needless” if they are exclusively distributing programs on channels that are exempt from captioning under the Commission’s rules. According to ACM, more than 1.2 million volunteers and more than 250,000 community groups provide PEG programming in local communities across the United States. These include “ordinary citizens and organizations—Cub Scouts, gospel choirs, political candidates, and community groups of every possible type.” Requiring each PEG program producer to register and certify compliance for its video programming on channels that are themselves exempt, ACM argues, would impose a significant and unnecessary burden on such programmers and needlessly clutter the Commission’s registration system.
The FCC published a Final Rule in the Federal Register on August 23, 2016 that imposed new reporting requirements on public, educational and governmental access programming with respect to the closed captioning of video programming on television. These obligations included:
(1) New requirements to certify compliance with or exemption from the FCC’s closed captioning rules;
(2) Introduction of a “burden-shifting” model for the resolution of complaints about closed captioning; and
(3) Introduction of a new “Video Programmer Registration” system in which PEG access stations will have to provide contact information into the FCC’s website.
The Alliance for Community Media, the national association of PEG programmers and stations, filed a Petition for Waiver from the new reporting rules for all PEG access programmers. The waiver sought for video programming producers would exempt programmers that are not PEG access stations from both the compliance certification and the registration requirement. The petition for waiver didn’t seek to change compliance certification and registration requirements for PEG stations so much as it is seeking an exemption for those who produce.
You can read the recent Further Notice of Proposed Rulemaking on Closed Captioning of Video Programming Telecommunications for the Deaf and Hard of Hearing Petition, CG Docket No#: 05-231, at: https://docs.fcc.gov/public/attachments/FCC-24-80A1.pdf.
If anyone in the PEG community wishes to make their voices heard on this matter, we have a deadline of October 1, 2024 to comment on Docket No. 05-231
*What will this exactly mean to PEG if this decision passes is still to be determined. There is still the DOJ’s ruling from this past April that states we all will need to be captioning in the very near future. So be ready for a flood of possibilities.*
In the meantime, at the JAG conference this past May, we held a session on the DOJ’s ruling Titled: *ADA Compliance-Updates on the DOJ Rulings and Closed Captioning for Municipal Websites and PEG Channels*. It relates what we must start preparing for in the very near future.
Either way it turns out, start budgeting for it now!
I would also like to bring up another important story that JAG has been following for over a year. It has to do with the threat from HR3557.
From ACM:
Bill HR3557 is misnamed and promotes the ability of corporations to break or alter agreements to provide cable and broadband in communities like ours. These cable agreements lie at the heart of our ability to receive funding in order to operate community television channels, teach production and communication skills, and create original content that represents the diversity and interests of our community.
Recently the wireless and cable industries have called on the House leadership to include the language under the guise of our national economic prosperity as well as its future broadband growth.
However, inclusion of HR3557 in any funding bills would fundamentally alter the power of our local communities to negotiate with corporations and would threaten the future of the over 1,600 organizations throughout the US that operate Public Educational and Government (PEG) access channels.
JAG urges all of our members in the House of Representatives to ensure that Public Educational and Government (PEG) Access media organizations like ours and others throughout the United States will continue to serve local residents by not including language from HR3557 (American Broadband Deployment Act) in any funding resolutions this fall.
HR 3557 is not a bi-partisan effort and was passed out of Committee with no testimony from local and state governments, which represent legitimate interests of residents and cable and broadband consumers throughout the country. The Bill’s promoters talk of clearing “regulatory underbrush” to ensure that broadband is extended to all areas of the country. And yet, that “underbrush” ensures the rights of all communities – rural, suburban or urban – are respected when negotiating with corporate interests, and that communities with little power have a place at the bargaining table, and a voice in the media.
Opposition to HR3557 Video from JAG
JAG knows that our New Jersey Representatives appreciate the work that our organizations do to promote democracy, transparency, and culture at the local level. We can only do this community media work because of the rights that HR 3557 is attempting to eliminate.JAG (Jersey Access Group) constantly advocates, analyzes and addresses emerging issues in areas such as: local government communications and internet policy. JAG promotes, and preserves the right to media production, distribution, civic engagement and education in support of diverse community voices, through public, educational and government access facilities and other forms of media.
Posted: September 23, 2024 by Doug Seidel
Elevating Your Local Broadcasts: Strategies and Tools from Varto Technologies
by Yervant Keshishian Sales Engineer, Authorized Trainer & Technical Director, Varto Technologies, Inc
This month, Varto Technologies is excited to host the Jersey Access Group (JAG) meeting at our office in East Rutherford, NJ. As a company committed to supporting local access stations, we’re eager to share practical demonstrations and innovative ideas to help you enhance programming, engage your community, and streamline workflows.
Here are some actionable insights to help improve your broadcasts, regardless of your station’s size or budget.
1. Building a Reliable and Flexible Video Network
To deliver high-quality local programming, stations need a network setup that minimizes interruptions and maximizes flexibility. Establishing a dedicated network specifically for your audio and video (A/V) production needs (separate from general internet traffic) ensures stable performance during live broadcasts.
At the JAG meeting, we’ll demonstrate how to create a cost-effective video network using tools like NDI (Network Device Interface). Netgear’s M4250 AV Line series of managed switches optimized for AV over IP workflows, connect multiple cameras and devices over a standard network to reduce the need for costly cabling and infrastructure. This setup helps manage A/V traffic effectively, providing smoother broadcasts and enabling you to cover events more dynamically.
A dedicated network with Netgear’s M4250 AV line switches minimizes congestion and downtime, ensuring uninterrupted viewing experiences. This approach is ideal for stations that frequently cover local sports, town hall meetings, or other community events.
2. From Flypacks to Fully Remote Production: Innovating Your Workflow
Traditionally, local stations have relied on portable production kits (flypacks) to cover events outside the studio. Flypacks offer a compact, mobile solution quickly deployed to various locations. At the JAG meeting, we’ll demonstrate how we built a custom flypack for the MTV Video Music Awards and discuss how this approach can be adapted for your station’s needs.
However, advancements in remote production technology provide an alternative model offering even greater flexibility and cost savings. Imagine maintaining all your core production equipment in a central studio while capturing content remotely. Tools like NDI Bridge and LiveU bring in camera feeds from multiple locations over the internet. Operators can be anywhere, using platforms like Flowics to control graphics and other interactive elements in real time.
This hybrid model reduces the need for on-site staff and equipment, making it easier to scale operations based on your needs. It also cuts travel costs and simplifies setup, allowing you to cover more events without the logistical challenges of traditional methods. Remote production tools enable stations to produce content as dynamic and engaging as on-site productions while covering a broader range of events, from government meetings to school performances, with minimal disruption.
3. Sneak Peek: New TriCaster Systems on the Horizon
We’re excited to introduce two new TriCaster systems from Vizrt that will be featured at the meeting:
Both systems are designed to simplify live production while enhancing creative possibilities. We’ll give you an exclusive look at these new tools and discuss how they can help local stations create more dynamic and engaging content.
Get Started with These Innovative Approaches Today!
Whether you’re attending the JAG meeting or not, we hope these ideas inspire you to explore new ways to enhance your local broadcasts. By adopting dedicated networks, transitioning to remote production workflows, and staying updated on new technologies like the latest TriCaster systems, your station can improve production quality, expand audience reach and better serve your community.
We look forward to welcoming many of you to Varto Technologies and sharing more insights in person. For those unable to attend, we encourage you to experiment with these ideas and reach out for additional guidance or support.
Posted: September 6, 2024 by Doug Seidel
Spotlight: Oakland’s Implements a Private Fiber Broadband network provides great benefit to Oakland TV
By Mark Albala, Vice Chairman of Oakland TVnt Producer
There has been a phenomenon throughout the United States with many municipalities reducing communication costs through the advocation of a municipal broadband network. In 2024, Oakland, New Jersey joined the ranks of over 400 communities nationwide which have taken the initiative in managing the tax burden of residents for the necessary communications infrastructure by completing the implementation of the borough’s private fiber broadband network.
While most communities engaging in this initiative are larger than Oakland, Oakland (like its brethren communities) has made the decision that enough is enough. Instead of pleading with internet service providers (ISPs) to better manage taxpayer expenses for the connectivity required, they have decided to invest in themselves. Several companies have emerged capable of assisting municipalities on this journey. Oakland selected Millennium Group which has helped Oakland turn an aspirational journey into reality.
This journey started almost six years ago, when Eric Kulmala, then an employee of Verizon and a council member of the community had the idea when he witnessed the complexities of installing some conduit needed for lighting the community’s recreation fields. When this journey started six years ago as a way to reduce the costs to the community while enabling the increasing complexity of broadband communications—creating a private fiber broadband network was far from commonplace. The vision and dogged determination of the now mayor of Oakland, Eric Kulmala saw the availability of such a network brought on-line in 2024. Eric associates the vision and expertise afforded to the borough with the engaging Millenium Broadband Solutions to convert the vision into reality. As reported by Broadbandnow, only 47 communities nationwide have had the tenacity and discipline to successfully implement such a program and 16 states currently disallow such initiatives.
Jim Barry, Chairman of Oakland TV stated, “I’m glad the mayor and council had the vision to see this network through. It gives us tremendous capabilities to service the citizens of Oakland. There is great potential here for broadcasting Oakland’s sporting venues and other events in real time for everyone wherever they are located”.
While this initiative was tackled (similar to other municipalities) to control costs associated with the necessary increasing complexity and capabilities of internet connectivity, the accessibility of such a broadband network opens many capabilities with which the borough can enlighten it’s residents through Oakland TV. Oakland TV is operated by the borough and is managed through the Oakland Communications Commission as an all-volunteer TV broadcast facility.
Mark Albala, the Vice Chairman of Oakland TV, has begun researching and costing for possible ways to devise a remote broadcasting studio. This studio might consist of a control board and cameras powered by the ethernet connectivity that is connected directly to the fiber network. Without the existence of this private fiber network, the cost of implementing broadcasting capabilities to any of the municipal facilities in which events are held was quite high and needed dedicated facilities for each of these locations.
The advent of this broadband network facilitates the ability to have a relocatable TV broadcasting studio that can be set up at any of these sites in a couple of hours at a fraction of the cost. It requires only one or two relocatable studios instead of one dedicated to each location. To date, the locations that are candidates for such broadcasting capabilities are the senior center, the library, the schools within town, the recreation fields and other venues with viability. Albala stated, “As long as the network is available at the site, we can broadcast with no additional expenditure once the relocatable broadcasting studio is acquired.” Mark had the idea of extending our recording and broadcasting solutions through ideas communicated by sites like ChurchFront, which provides insight into low cost setups for religious broadcasting needs. Mark has begun discussions with a support partner of Oakland TV, OutreachFX, who validated the viability of this approach and validated the ability to greatly reduce the costs associated with enabling remote broadcasting as a result of the broadband fiber network.
As of this writing, Jim Barry, the Chairman of Oakland TV, has already begun discussions with the opportunity for sports broadcasting within the town. Jim said, “We have received several quotes to extend our broadcasting capabilities starting with the senior center. The expense of live broadcasting within town was proving to be significant at each location that we wanted to include as a potential broadcasting venue. This new networking capability changes everything.”
“While there is still much work to be done and aspects to investigate, Mayor Kulmala has always been forward thinking, practical and innovative in his efforts to move Oakland into the 21st century while at the same time, looking for ways to save the Borough money and increase services for residents,” said Oakland Communications Chairman Ryan Schwertfeger. “Use by Oakland TV was not the initial intended use or goal for this project, but we are grateful that we will be able to benefit from this new fiber loop in our efforts to expand our types of programming, increase transparency in government, and do so while being fiscally responsible. I personally want to thank the Mayor for thinking of this project, persisting to see this project through and thinking of the OCC and the Television Committee while unleashing the fiber loop’s full potential.” The newly implemented fiber network was made possible by a significant amount of focus and the expertise of Millenium Broadband Solutions. It provides 10 Gigabit connectivity at a greatly reduced cost to the community at all locations included in the municipal network.
Posted: September 6, 2024 by Doug Seidel
Legislative Update August 2024: News from Trenton & Washington, DC
by Dave Garb, Legislative Committee Chair
As the summer slowly winds down, movement in the Capitol is in full swing and the Legislative Committee is working hard to stay on top of the latest developments.
From NATOA:
A few weeks ago the FCC released two items that deal with closed captioning. The first one, Docket No. 12-108, requires device manufacturers and multichannel video programming distributors (MVPD) to make closed captioning display settings “readily accessible” to individuals who are deaf or hard of hearing.
The second one, Docket No. 05-231, will be of great importance to PEG operators. This proposal would exempt certain video programming providers from its closed captioning registration and certification requirements if they provide programming to public, educational, and governmental access channels (PEG) or to non-broadcast networks for distribution by a cable operator or other MVPD if the PEG channels or the network are exempt from or have certified compliance with the captioning rules.
Nearly 8 years ago, the Alliance for Community Media (ACM) filed a petition in this matter requesting that the closed captioning registration and certification requirements be waived for program producers that provide programs exclusively over PEG channels. At that time, NATOA and a number of communities and access organizations supported ACM’s petition.
ACM Rational in 2016: Although PEG programming is not categorically exempt from captioning, ACM states that the vast majority of PEG channels fall within one or more of the Commission’s closed captioning exemption categories, e.g., because the channel produces annual revenue less than $3,000,000. Therefore, ACM reasons, requiring PEG programmers to register and certify would be “needless” if they are exclusively distributing programs on channels that are exempt from captioning under the Commission’s rules. According to ACM, more than 1.2 million volunteers and more than 250,000 community groups provide PEG programming in local communities across the United States. These include “ordinary citizens and organizations—Cub Scouts, gospel choirs, political candidates, and community groups of every possible type.” Requiring each PEG program producer to register and certify compliance for its video programming on channels that are themselves exempt, ACM argues, would impose a significant and unnecessary burden on such programmers and needlessly clutter the Commission’s registration system.
The FCC published a Final Rule in the Federal Register on August 23, 2016 that imposed new reporting requirements on public, educational and governmental access programming with respect to the closed captioning of video programming on television. These obligations included:
(1) New requirements to certify compliance with or exemption from the FCC’s closed captioning rules;
(2) Introduction of a “burden-shifting” model for the resolution of complaints about closed captioning; and
(3) Introduction of a new “Video Programmer Registration” system in which PEG access stations will have to provide contact information into the FCC’s website.
The Alliance for Community Media, the national association of PEG programmers and stations, filed a Petition for Waiver from the new reporting rules for all PEG access programmers. The waiver sought for video programming producers would exempt programmers that are not PEG access stations from both the compliance certification and the registration requirement. The petition for waiver didn’t seek to change compliance certification and registration requirements for PEG stations so much as it is seeking an exemption for those who produce.
You can read the recent Further Notice of Proposed Rulemaking on Closed Captioning of Video Programming Telecommunications for the Deaf and Hard of Hearing Petition, CG Docket No#: 05-231, at: https://docs.fcc.gov/public/attachments/FCC-24-80A1.pdf.
Exactly what this means to PEG if this decision passes is still to be determined. There is still the DOJ’s ruling from this past April that states we all will need to be captioning in the very near future. So be ready for a flood of possibilities.
In the meantime, at the JAG conference this past May, we held a session on the DOJ’s ruling Titled: ADA Compliance-Updates on the DOJ Rulings and Closed Captioning for Municipal Websites and PEG Channels. It relates what we must start preparing for in the very near future. Either way it turns out, start budgeting for it now!
From the NTIA – National Telecommunications and Information Administration:
The NTIA Notice of Funding Opportunity (NOFO) on the Digital Equity Competitive Grant Program (DECGP) is out!
Congress and President Biden have designated around $90 billion in funding—spread across a plethora of initiatives through the Infrastructure Act (IIJA) and American Rescue Plan Act (ARPA) — to close the digital divide. On July 24, the federal government rolled out one of those programs. NTIA announced that more than $910 million is now available under the Digital Equity Act’s Competitive Grant Program which is part of Biden’s “Internet for All” initiative.
From NATOA:
NATOA believes that the NTIA is interested in multi-jurisdictional, multi-state projects. Our member communities and PEG access centers are uniquely positioned to submit a coalition grant application. The mission of our PEG operations and cable departments has always been to outreach to the disenfranchised. PEG centers already provide training and programming for Seniors, Veterans, People Living with Disabilities, rural residents, low-income residents, ethnic and linguistic minorities. Our collective experience as local Public Educational and Government (PEG) Access organizations and local government cable programs has us uniquely qualified to address the needs of the unserved and under-served in our communities. We’ve been doing it for decades for cable and broadband! PEG centers are uniquely positioned to offer Digital Equity & Inclusion activities for “Covered Populations.”
Who are considered “Covered Populations”?
As defined in Section I.C. of the NOFO, Covered Populations are:
The Digital Equity Competitive Grant Program is a $1.25 billion grant program for five years to implement digital equity projects.Building Your Digital Equity Capacity. Indeed, those whom the Digital Equity Act describes as Covered Populations are what we know to be our constituents, our audience.
We know that many PEG centers already pursue training opportunities for their communities and offer their public access centers as training centers for a/v editing, digital programming production, online video and social media video production.
Don’t look now, but you’re already running a “public access computing center!” The alignment of your current mission to one that addresses digital Inclusion is a modest step forward. As part of a proposal you could add:
Because of the importance of this grant program and how it could help our individual communities, NATOA is putting forth a coalition to ask that a portion of this money go to PEG stations in need who meet any of the requirements. In order for you to be in consideration, NATOA has as created Special Application, to be a part of this coalition.
This grant program has a fast deadline and if anyone is interested, you must act now. For more information on this grant opportunity please visit: Digital Equity Competitive Grant Program. Remember, this grant program needs a quick turnaround for anyone is interested in attempting to acquire a portion of this grant. More information on this program will be coming to you shortly.
JAG (Jersey Access Group) constantly advocates, analyzes and addresses emerging issues in areas such as: local government communications and internet policy. JAG promotes, and preserves the right to media production, distribution, civic engagement, and education in support of diverse community voices, through public, educational and government access facilities and other forms of media.
Posted: July 30, 2024 by Doug Seidel
My POV of the JAG 2024 Conference
by Bob Nicholson, Station Manager, West Milford WM77 Television
I attended the JAG 2024 Conference with anticipations of acquiring information particularly about new products from suppliers and of course the workshops. Checking in was smooth and efficient unlike some previous years. My complaint was the printing on back of the badges for the workshops. It was difficult for this old guy to read. I understand the cost of printing can be prohibitive. Since COVID the conference has gone from 3 days to 1 full day. Costs have escalated and vendors are doing less events and thus there are fewer exhibits. Only the major JAG sponsors seem to be exhibiting and many are looking for buyers rather than browsers.
For the most part the conference was “mission accomplished” however, I was disappointed in the lack of vendors. The ones that were there were excellent and relevant to what I was seeking. My prime objective was to visit TelVue and DeSisti Lighting and they both offered deals galore. My station was also interested in another camera however there was no representation from Panasonic, Canon or Sony which was disappointing. On a positive note, the info I received from Varto Technologies and LiveU was very helpful for future reference. Although their products are among the best among the competitors, WM77 is a small volunteer station and our budget doesn’t allow us to spend much money at this time.
The workshops were the jewel of the conference. There was plenty to choose from. As a matter of fact they were all excellent choices. I wish there were notepads provided at the tables so I could of have taken notes. There were two of us that attended from West Milford so we split up the workshops among us. The information will help us make decisions going forward. Actually, there were so many good workshops, we could have had another person attend with us. That brings me to the pricing of the conference. We had the Township pay for our attendance. We could have had one more but the funds came directly from our operating budget and we would have to choose between adding equipment or having another attendee. The full conference costs $225 per person and $675 for three and because we are a small station, it would have seriously impacted the amount of equipment we could purchase. I won’t justify or criticize the price, that’s not the purpose of my review nor do I know all the facts involved. However, for some our independent members and I’m sure even for other JAG municipal members, the registration fee is just too steep, which presents a dilemma for JAG.
The dinner and awards were well managed—although I was a little confused about the difference between first, second and third place and the silver and gold excellence awards. I did realize first place was a statue that we received for single camera meetings category. There was no entertainment this year, I guess due to budget considerations, which I thought was fine. After a long busy day, it was good not to lengthen the show. This allowed for wonderful testimonials and the multiple category awards presentations and to move the evening forward quickly and efficiently. Not wanting to leave early and miss anything, we were able to hit the road for the long ride home at a decent hour. Summing it up, all in all I enjoyed JAG’s Conference despite some of the inadequacies I mentioned. The positives far outweighed the negatives. Nothing is perfect. It’s an ongoing work in progress. That said, I look forward to the 2025 JAG Conference being bigger and better
Posted: July 30, 2024 by Doug Seidel
TelVue JAG 2024 Conference Recap – Beyond Cable, Accessibility, AI and more.
by Jesse Lerman, President/CEO, TelVue Corporation
TelVue was thrilled to engage with so many of you at this year’s JAG conference. We are proud again to be the conference Diamond sponsor and the technical partner supporting JAG’s Internet Channel and Shared Server. The one-day conference featured an expanded number of sessions. Based on the strong attendance, the conference committee did a fantastic job selecting relevant topics. TelVue was honored to participate in multiple sessions, including Beyond Cable, Closed Captioning and the annual TelVue User Group.
At the TelVue User Group, I reviewed key new features released over the past year, with a focus on the recent HyperCaster 8.5 release including:
We appreciated so many of you attending our User Group. It gives us a chance to get valuable feedback for prioritizing our development roadmap.
Reviewing What’s New and HyperCaster 8.5 at the Opening TelVue User Group
HyperCaster 8.5 With New Mobile & Weekly Scheduling
Accessibility was a hot topic at the conference, especially with the new DOJ ADA rules for government entities that requires websites to comply with Web Content Accessibility Guidelines (WCAG), including captioning web video. Panelists Mike Wassenaar, President of the ACM, and Jeff Bayne, partner, Spiegel & McDiarmid, reviewed all of the requirements in detail. TelVue followed up with a practical session focusing on technology choices and costs to comply, including TelVue’s ultra-affordable SmartCaption™ automatic closed captioning solution, and TelVue CloudCast’s WCAG-compatible web players and apps for streaming.
Another DOJ ADA requirement is that videos include audio description, audio narratives of key visual elements in programming, which, unlike captions, is currently very expensive to implement. The DOJ rules do allow for financial hardship exemption, but the burden of proof falls on the stations. Rapidly evolving AI technology could help lower the cost of audio description in the future, and having a grace period to comply, plus possible exemptions, adds needed breathing room.
I collaborated on the Beyond Cable session with Gina Forbes and Joe Fernandes from Woodbridge TV, and Brandon Uhlig from Metuchen Media, reviewing tips and best practices to leverage social media, streaming, OTT and mobile to reach new audiences and demographics, increase engagement, deliver in high-definition, and access detailed viewership analytics to help you achieve your core mission. TelVue’s CloudCast streaming platform makes it easy to launch branded channels on OTT and mobile apps complete with analytics, and also offers revenue generation opportunities including paywall and pre-roll ads.
Beyond Cable Session – Social Media, Streaming, Mobile & OTT
JAG presented special awards to Nick Besink, a generous, technical and operational resource for so many stations, and to Geoffrey Belinfante and Dave Garb with well-deserved Presidents Ovation awards for their incredible leadership. TelVue is honored that they are all long-time customers, and we deeply appreciate the opportunity to collaborate with such deserving thought leaders. Ken Fellman received the Serving Community Media Award for his dedicated work keeping JAG informed on legislative and regulatory issues. Congratulations to all!
Since the JAG conference, TelVue has been busy working on our next round of innovations and unveiled our latest demos and upcoming features at ACM National in June, including:
As the pace of technology and broadcast advancements accelerates, one can only guess what the hot issues will be for next year, but we can be sure JAG 2025 will be ready with the perfect sessions. Listening to your great feedback, TelVue will continue to innovate to make sure our products and services are staying ahead of the curve to help you save time, expand viewership, increase accessibility, generate new sources of revenue and future proof your stations.
Posted: July 30, 2024 by Doug Seidel
Legislative Update July 2024: News from Trenton & Washington, DC
by Dave Garb, Legislative Committee Chair
Happy Summer Everyone! Even with the heat blazing this time of year, action is still happening on the issues that could affect our local channels and their operations. We need to stay aware of this legislative news and how they impact our operations.
To start off with, let’s go back to May 2024 and revisit the annual conference hosted by the Jersey Access Group. During the legislative sessions, two interesting topics sparked the interest of the participants.
The first one highlighted an important subject that all of us need to prepare for: ADA Compliance: Updates on the DOJ Rulings and Closed Captioning for Municipal Websites and PEG Channels. This came on the heels of last December when we held a special webinar about what might be coming about closed captioning. One fact stood out and resonated with attendees: start budgeting for it! At the conference, we discovered that there is now an official guideline with timelines and important information that we may all need to adhere to. Please visit the video link to view this vital workshop in its entirety. https://videoplayer.telvue.com/player/xdH7TjFGQnrU8xmITAT7CM11BmCF94gp/media/889741?fullscreen=false&showtabssearch=true&show_title_description_summary=true&autostart=false
The second topic discussed the value of Understanding Franchising and What to Know When Renegotiating. The audience learned about the main differences between a State Franchise and the ones negotiated at the municipal level, as well as determining which one is a better choice and when a municipality can express a preference. To learn and discover all sides from this comprehensive session, please click on this link: https://videoplayer.telvue.com/player/xdH7TjFGQnrU8xmITAT7CM11BmCF94gp/media/890385?fullscreen=false&showtabssearch=true&show_title_description_summary=true&autostart=false
From NATOA:
In June, the U.S. Conference of Mayors adopted three resolutions at their 92nd Annual Meeting in Kansas City. They addressed communication space issues facing local governments and their residents. Topics included: ACP, mixed use and opposition to H.R. 3557. (See https://broadbandbreakfast.com/u-s-mayor-target-cable-broadband-revenue/.) Adoption was unanimous in committee and adopted by the membership.
The Mayors Conference also identified its policy priorities via the resolution process. Next year, mayors will focus their efforts on the following resolutions.
From NATOA:
Northern Dakota County Cable Communications Commission’s (NDC4) Mixed-Use Rule Filing: NDC4 Letter to the FCC Many American cities want 5% of cable’s broadband revenue, but the FCC’s Mixed-Use Rule is standing in the way. In a June 5, 2024 letter, the Northern Dakota County Cable Communications Commission (NDC4) called on the FCC to repeal the Mixed-Use Rule, saying the rule was undermining local efforts to expand broadband access and prevent digital discrimination. “The Mixed-Use Rule creates an arbitrary and unworkable patchwork of state and local regulation in which a state or local government that happens to also be a franchising authority has less authority than one that is not. The Mixed-Use Rule frustrates FCC and local efforts to ensure equitable access to quality, affordable broadband,” the NDC4 said. NDC4 is a Minnesota municipal joint powers cooperative formed by its member cities Inver Grove Heights, Lilydale, Mendota, Mendota Heights, South St. Paul, Sunfish Lake, and West St. Paul, Minn. and includes 91,500 people.
In another recent FCC filing, the city of Portland, OR calculated that the Mixed-Use rule was costing cities about $3.75 billion nationally in lost franchise fees.
On the continuing quest for states and local municipalities to be able to collect right-of-way fees from streaming services, our friends to our north have recently taken action.
From NATOA:
Canada demands 5% of revenue from Netflix, Spotify, and other streamers.
https://arstechnica.com/tech-policy/2024/06/canada-demands-5-of-revenue-from-netflix-spotify-and-other-streamers
The Path Forward – Supporting Canadian and Indigenous content through base contributions. Canada has ordered large online streaming services to pay 5% of their Canadian revenue to the government in a program expected to raise $200 million/year to support local news and other home-grown content. The Canadian Radio-Television and Telecommunications Commission (CRTC) announced its decision in the beginning of June, after a public comment period. These obligations will start during Canada’s 2024–2025 broadcast year which begins on September 1st. We will monitor and report more on this law as it progresses through the Canadian Providences and Territories.
The Protecting Community Television Act
For many years, public, educational and government (PEG) channels have given their viewers critical information about what’s going on in their specific communities and offer every local resident a chance to have their voices heard. In 2019 the federal communications commission proposed a new rule that would change the regulations and allow cable companies to shirk their obligations to the communities where they operate.
Fortunately, there is a bill that is awaiting action in both sides of Congress. The Protecting Community Television Act mandates that the franchise fees must be only monetary payments—non-monetary contributions would be allowed. To find out more about this rule and the two companion bills that can reverse it, please visit a special public service announcement that JAG put together on this important issue.
https://youtu.be/Vk13j5UYIgU