TV8 Restriction Period

By Dante DeAmicis, TV8 volunteer

On December 9, 2009 the PEG Board introduced and passed a 30 day trial order that all but banned videos produced out of the County (imports).  This was done to remove “conspiracy videos” from normal air play.  The comprehensive import video ban was enacted because categorizing and singling out “those conspiracy videos” was too difficult.  This hasty attempt to satisfy unnamed complaining individuals was a disaster on several levels.

The city of Clearlake and Lake County lost their legal immunity from liability as the operators of a designated public forum.  Having cable franchisers dismissed from lawsuits against public access producers has been contingent on government entities not exercising any editorial control over the public access channel or resident video submissions.  The December 9^th content motivated actions by the PEG Board all but destroyed this immunity and it may be hard to get back. 

Rather than increase local programming, the stated goal of the import ban, we are now left with too much repetitive bulletin board scrolling.  This result is due to the fact that import videos have never replaced a locally produced video.  Locally produced videos, when we get them, have priority in scheduling.  Imports have always played in unused time slots.  Eliminating import videos simply creates unused time slots.  There is now much less compelling programming to draw people to TV8 where local shows would be incidentally noticed more.

 A valued TV8 volunteer has been lost due to the Board's political action.  Committed volunteers are hard to recruit and easy to lose when they start feeling unappreciated or no longer needed.  Our programmer spent months mastering the equipment that schedules and integrates slides and videos.  After the December 9^th meeting he saw all his hard, unpaid work slipping backwards and he quit.  After the manager, his job was the most important for day to day operations.  The station has been severely impaired until someone steps forward to put in those hours, learning and programming, week after week.

Fund raising has been compromised.  The videos that caused the most controversy are also the ones that generated the most contributions.  Residents would identify the videos that made them a fan of TV8 when they sent in checks.  One of those supporting residents recently demanded in writing that Clearlake's Director of Finance return his $200 that he contributed to support TV8's compelling programming. Before TV8 began showing imports in unused time slots, donations were zero.

 The PEG Board agreement itself is on the verge of becoming invalid.  Its Board make up provision calls for a representative from the cable company.  The manager of Mediacom hand carried his resignation from the PEG Board to Clearlake City Hall, citing the PEG Board's foray into content control.

The TV8 volunteers have been incurring liability when they knowingly violate residents free expression rights on public access.  This creates a disincentive to assume much responsibility for operations.  Our disclaimer we recently composed will only offer a measure of protection.

The actions by the PEG Board seem designed for causing maximum damage in the short run since there is an obvious recourse against them in the long run.  If TV8 survives long enough, the appeals process outlined in the Members Manual, section 7.5, allows the Station Manager and PEG Advisory Committee to over ride programming decisions made against residents.  The administrative remedy for residents who feel they were denied equal access to their designated public forum is in two parts.  A resident who wanted to challenge the Board's import restriction would appeal verbally or in writing to the station manager.  Unpredictably, the PEG Board doesn't always acknowledge the manager as the manager because he is a volunteer.  When convenient for them, they use the City Manager as the manager of TV8.  If whoever was recognized as the manager gave an opinion not to the resident's liking they could further appeal to the PEG Advisory Committee.  The Committee would probably give more weight to public forum law than a PEG Board swayed by critics of how residents are using their public access channel.

 The fundamental issue at the December 9^th meeting was that none of the three censorship advocates on the PEG Board seemed to understand the concept of public access.  They treated all three types of access (public, education, and government) as if they were either interchangeable or somehow fused into one.  The Board justified their censorship of imports using terms such as “balance” and “what the majority wants.” These ideals may be appropriate for the education and government forms of access but they do not apply to the “public” form of access in a designated public forum.

 Public access channels, such as TV8, are legally “designated public forums.”  They are created spaces by government for the freedom of expression and cannot easily be eliminated once created.  Freedom of expression is on the short list of civil rights and is not subject to popular review.  The interpretation and limitation of those rights is done by the courts.  Board meetings and local administrators must abide by those court decisions.  The Supreme Court is particularly fussy about their authority.

The following is a fairly inclusive list of restrictions that can be legally be placed on residents using their public access station.

 Obscenity.  This is more than a few naughty words.  In most cases, a determination of obscenity must meet three conditions, called the Miller Test.

Indecency.  This “adult content” is allowed if expressed in “safe harbor” hours. Currently, these hours are between 10 PM and 6 AM.

  Commercial Speech.  This enjoys less protection than non commercial speech.  But in California, PUC 5870 flat out doesn't allow it on PEG Channels.

 Hate Speech.  This is far more than critical speech.  To be branded “hate speech” an expression must create a direct tendency to cause acts of violence (an immediate breech of the peace).

 Copyright infringement.  Since the presenter assumes responsibility the access manager need only give out contact information to all concerned and delay rebroadcasts until courts have time to act.

“time, manner, and place”.  This is a feature of designated public forums that allows rules designed to coordinate multiple uses of public space. This need not be a physical space but could be available play time on a channel.  On a public access station those rules usually include “local priority in scheduling” and “first come, first served.” These rules are not designed to restrict residents from using unscheduled time on their channel.  They are to be applied when the demand for public access is greater than the supply.

Any other controls are inconsistent with a designated public forum and the residents' First Amendment rights.  Other desirable goals and values can be pursued in “non” public forums.

 The freedom of speech includes the right to hear by current court interpretations.  Banning a resident's reasonable request for a rebroadcast would likely be considered an infringement of their free speech.

Board members and managers can never exercise legitimate authority in a designated public forum if it conflicts with a single person's defined rights. 

Contact:

Dante DeAmicis

e-mail: “dante95422@hotmail.com”

This From Allen Markowski:

Lake County’s PEG channel, located at Clearlake City Hall, is looking for a student interested in community media to do power point entry for the community bulletin board and to program resident videos for broadcast.

In Exchange

You will get to work with a successful video producer who manages the channel, learn the policies and procedures of running a single channel public access organization, and develop a working knowledge of some broadcast technology.

This is a great time to be a TV 8 intern since we will soon be changing our legal structure, installing new equipment, and moving to a studio location where you will work directly with the community.

Flexible hours, Monday thru Thursday. If interested leave a message, for Jack Barker, at 994-8201 ext. 109 or “manager@laketv8.com”

TV8 is there for all Lake County residents to use for any non-commercial legal purpose. Whether you want to promote a public issue, showcase local cultural events, or create something truly original for our community,
public access cable TV is there for you to use.

There are no artificial barriers to use TV8. You don't need money.

You don't need degrees or position. As long as you are a Lake County resident, you don't need anyone's permission. There is plenty of unused broadcast time to use on a "first come, first served" basis. Frankly, I'm amazed that civic boosters and students looking for cool class projects haven't made more use of this valuable resource.

All you do need to do is take responsibility as a producer. This means you will be solely responsible for all legal obscenity, copyright infringement (including "sampling"), and slander issues. As the producer you will turn in your tape with a submission form available at Clearlake City Hall. The producer also decides when to collect "releases" and sign off sheets in case someone decides they do not want to be a TV star after all. You identify yourself as the producer as well as how to contact you in your production. This is where the City will send the lawyers and the authorities.

Technical requirements are minimal. Turn in your production on a VHS tape (DVD is in the works) that can be seen and heard with 30 seconds of "black space" at each end so they can cue it up. If you are just starting out you might want to pick up some hints on shooting and editing so your effort doesn't look too much like a home movie. The PEG Club might be a good first stop for mutual support. We hang out at the Java Express in Clearlake.

Future plans and policy issues for TV8 are hashed out by the PEG Committee, (a government body), on the first Wednesday of each month at Clearlake City Hall.

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