Amended in Assembly March 13, 2014

California Legislature—2013–14 Regular Session

Assembly Joint Resolution No. 39

Introduced by Assembly Member Roger Hernández

February 19, 2014

Assembly Joint Resolution No. 39—Relative to cable and video service.

LEGISLATIVE COUNSEL’S DIGEST

AJR 39, as amended, Roger Hernández. Cable and video service.

This measure would call on the United States Congress to amend a specified federal law to allow states and their municipalities to determine the best use of public, educational, and government channel support.

Fiscal committee: no.

WHEREAS, Public, educational, and government (PEG)
channels are one of the last surviving sources for local television
programming across the country and PEG channels play a
significant role in televising open and public meetings; and

WHEREAS, PEG channels are a unique and valuable resource
for local information and discourse for residents; and

WHEREAS, PEG channels televise local government meetings,
including city begin delete commission end delete begin insert council end insert meetings, planning commission
meetings, county board of supervisors meetings, and school board
meetings, so that citizens are informed about the actions taken by
local officials; and

WHEREAS, PEG channels also are utilized to communicate
with begin delete citizens end delete begin insert residents end insert on municipal events and services and
provide advisories and preparation directions to residents for
emergency purposes; and

WHEREAS, PEG channels provide a window through which
residents can view the diversity of cultures, educational
information, recreational activities, and artistic endeavors in their
local community; and

WHEREAS, PEG channels reflect the unique identity of the
communities they serve; and

WHEREAS, It is important to preserve PEG channels and
funding for PEG channels and to ensure that PEG channels
continue to be available to the entire community to serve residents;
and

WHEREAS, Section 542 of Title 47 of the United States Code
puts limitations on how PEG channel funds can be used, and, if
amended, would address critical and immediate threats to PEG
channels; and

WHEREAS, These amendments would provide solutions for
critical and immediate threats to PEG channels and facilities in
California and across the country by removing use restrictions on
PEG channel access fees, restoring PEG channel revenue streams,
and preventing video providers from charging municipalities for
the transmission of the PEG channels; and

WHEREAS, This change to federal law would allow PEG
channel fees to once again be used for any legitimate PEG channel
expense instead of restricting PEG channel fees to capital expenses
only; now, therefore, be it

Resolved by the Assembly and the Senate of the State of
California, jointly, That the Legislature calls on the United States
Congress to amend Section 542 of Title 47 of the United States
Code to allow states and their municipalities to determine the best
use of PEG channel support; and be it further

Resolved, That the Legislature calls on the United States
Congress to eliminate an outdated and unnecessary pre-1984
distinction that does not give flexibility to local governments to
utilize PEG channel funds for any legitimate PEG channel expense
in addition to capital expenses; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies
of this resolution to the President and the Vice President of the
United States, to the Speaker of the House of Representatives, to
the Majority Leader of the Senate, and to each Senator and
Representative from California in the Congress of the United
States.