HB346: HB346 Local government; prohibit municipalities and counties from using public, educational, and governmental programming (PEG) channels for political purposes

25 LC 55 0472 House Bill 346 By: Representatives Parsons of the 44th, Carson of the 46th, Seabaugh of the 34th, and Barton of the 5th A BILL TO BE ENTITLED AN ACT To amend Chapter 76 of Title 36 of the Official Code of Georgia Annotated, relating to1 expedited franchising of cable and video services, so as to pro hibit municipalities and2 counties from using public, educational, and governmental programing (PEG) channels for3 political purposes; to provide for related matters; to repeal c onflicting laws; and for other4 purposes.5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 SECTION 1.7 Chapter 76 of Title 36 of the Official Code of Georgia Annotate d, relating to expedited8 franchising of cable and video services, is amended in Code Sec tion 36-76-8, relating to9 public, educational, and governmental programming under a state franchise, by revising10 subsection (b) as follows:11 "(b)(1) Subject to the usage criteria and restrictions set forth in this subsection, a12 municipal or county governing authority that does not have PEG access channels13 activated under the incumbent service provider's franchise agre ement as of January 1,14 2008, may request a sufficient amount of capacity on its network to support up to three15 PEG channels for a municipality in this state having a populati on of 50,000 or more16 H. B. 346 - 1 - 25 LC 55 0472 according to the United States decennial census of 2000 or any future such census or an17 unincorporated area of a county which is located in a county in this state having a18 population of 50,000 or more according to the United States decennial census of 2000 or19 any future such census or up to two PEG channels for a municipality in this state having20 a population of 50,000 or less according to the United States d ecennial census of 200021 or any future such census or an unincorporated area of a county which is located in a22 county in this state having a population of 50,000 or less according to the United States23 decennial census of 2000, and the cable service provider or video service provider shall24 designate such sufficient amount of capacity. No cable service provider or video service25 provider shall be required to provide more than three PEG access channels on its network26 within a municipality or unincorporated area of a county if there does not exist at the time27 of the state franchise more than three active PEG channels in s uch municipality or28 unincorporated area of the county.29 (2) To qualify for the first PEG channel on the basic or analog tier of service, the written30 request of the municipality or county shall include a certification that it has produced at31 least 15 hours of nonduplicative original programming for production in the first month32 of operation and that the municipality or county shall continue to produce at least 1533 hours of nonduplica tive original programming for each month tha t the channel is34 provided.35 (3) Alternatively, to qualify for the first PEG channel on the basic or analog tier of36 service, two or more municipalities or counties may collectively include a certification37 that they have produced at least 15 hours of nonduplicative ori ginal programming for38 production in the first month of operation and that the municip alities or counties shall39 continue to produce at least 15 hours of nonduplicative origina l programming for each40 month that the channel is provided.41 (4) To qualify for a second PEG channel on the basic or analog tier of service, the42 municipality or county shall certify that the first channel is being substantially utilized,43 H. B. 346 - 2 - 25 LC 55 0472 and that upon activation, the second PEG channel shall also be substantially utilized. For44 purposes of this subsection, PEG channels shall be considered ' substantially utilized'45 when 12 continuous hours of content are programmed on that channel each calendar day. 46 In addition, at least 75 percent of the 12 hours of programming for each business day over47 each calendar quarter, on average, shall be nonduplicative programming. Nonduplicative48 programming shall include the first three broadcasts in a day of a meeting of an elected49 government body.50 (5) To qualify for a third PEG channel, a municipality in this state having a population51 of 50,000 or more according to the United States decennial census of 2000 or any future52 such census or an unincorporated area of a county which is loca ted in a county in this53 state having a population of 50,000 or more according to the Un ited States decennial54 census of 2000 or any future such census shall certify that the channel shall be55 programmed for at least eight continuous hours of nonduplicative content per day. The56 third PEG channel shall only be available on the nonbasic digital tier.57 (6) Any municipality or county that has not obtained a second PEG channel on the basic58 or analog tier may qualify for a second PEG channel on the nonb asic digital tier by59 certifying that the channel shall be programmed for at least ei ght continuous hours of60 nonduplicative content per day.61 (7) No PEG channel capability provided pursuant to this Code section shall be used by62 any municipality or county for political purposes, including, b ut not limited to,63 broadcasting partisan political programming or content that is associated with the64 campaign of any candidate for public office.65 (8) Any PEG channel capability provided pursuant to this Code secti on that does not66 comply with the usage criteria and restrictions set forth in this subsection or is not67 substantially utilized by the municipality or county shall no l onger be made available68 after reasonable notice is provided to the municipality or county but may be programmed69 at the franchise holder's discretion. At such time as the municipality or county certifies70 H. B. 346 - 3 - 25 LC 55 0472 to the franchise holder that it shall meet the usage criteria for that particular channel, the71 cable service provider or video service provider shall restore the previously lost channel. 72 However, the franchise holder shall be under no obligation to c arry that channel on a73 basic or analog tier."74 SECTION 2.75 All laws and parts of laws in conflict with this Act are repealed.76 H. B. 346 - 4 -