Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Ann M. Stillman, Director of Public Works
Subject: Agreement with Pacific Coast Television for Public, Education, and Governmental Access Television Services for the Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda areas
RECOMMENDATION:
title
Adopt a resolution authorizing:
A) An agreement with Pacific Coast Television for Public, Education, and Governmental Access Television Services for the Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda areas, for a term of July 1, 2023 through June 30, 2028; and
B) The County Executive Officer, or designee, to execute non-substantive amendments, after consulting with the County Attorney, to the agreement with Pacific Coast Television for Public, Education, and Governmental Access Television Services for the Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda areas.
body
BACKGROUND:
The County of San Mateo (County) has entered into cable franchise agreements with cable operators that include the broadcasting of Public, Education, and Governmental (PEG) access channels to their cable subscribers. Currently cable operators in the County provide service pursuant to Franchise Agreements issued by the State that have requirements for payment of franchise fees and PEG capital fees to the jurisdiction they are operating in.
The County receives quarterly franchise fee payments equal to five percent of Comcast’s gross revenue received in the unincorporated County areas. The County has been providing two percent of the cable provider’s gross revenue in the coastside County area, which is equal to 40 percent of the franchise fee payments received by the County for the coastside County area, to the coastside PEG provider. This payment structure has been relied upon since 1995 to support PEG access on the coastside, in part, because the physical connectivity did not previously exist for PEG providers on the bayside to broadcast to the coastside. The passthrough amount has increased over the years as Comcast’s subscriber costs have increased resulting in increased gross revenue. The financial support provided to the coastside PEG access provider is unique, not provided to other PEG providers to the County, and the County is not legally obligated to passthrough this funding to PEG providers.
Beginning in December 2010 and concluding in 2011, the County and City of Half Moon Bay (City) collaborated on a request for proposals from PEG providers for the provision of PEG services to the coastside County areas (Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda) and the City. As a result, this Board executed Resolution No. 071437 on June 7, 2011, authorizing a four-year agreement with Pacifica Community Television, now Pacific Coast Television (PCT), for the provision of PEG television services to the County coastside area. This Board executed Resolution No. 074435 on March 29, 2016, authorizing Amendment No. 1 to the agreement which extended the term through June 30, 2020 and authorized the County Manager (County Executive Officer) to execute amendments to the term of the agreement. Amendment Nos. 2 and 3 were executed and the agreement extended through June 30, 2023. PCT has continued to provide PEG service to the coastside area without an agreement with the County. The agreement provided for a passthrough of two percent of the cable provider’s gross revenue in the coastside County area to the coastside PEG provider, which has equaled $750,540 in financial support from September 2011 through June 30, 2023 to PCT. The Department of Public Works (Department) has been coordinating with PCT on a draft agreement since May 2024 with similar terms and financial commitment as the prior agreement.
This Board authorized Resolution No. 71438 on June 7, 2011, which authorized the Director of Public Works to distribute $68,160 in PEG access capital grant funds to be received by the County from Comcast in accordance with the County-Comcast local franchise agreement to the coastside PEG access provider.
DISCUSSION:
PCT has been providing PEG programming and access to the County coastside area since September 12, 2011. This has included governmental programming, public access through the public’s use of PCT’s studio, training opportunities in broadcasting, editing, media, as well as submission of materials by the public for broadcast, and educational programming. The Department is recommending an Agreement with PCT with similar requirements as those set forth in the prior agreement.
Some of the key requirements in the agreement with PCT include the following:
• Ensure that PCT broadcasts over Channel 27 and simultaneously webstream all programming.
• Broadcast the meetings of the Board of Supervisors and Mid-Coast Community Council and other local agencies as agreed upon by those other agencies.
• Conduct open and public meetings of its Board of Directors and include as members of the Board of Directors residents from the County coastside service area.
• Maintain office and publicize office hours and office location on its website and on Channel 27.
• Operate and maintain a community access studio and media lab.
• Produce video programming with PEG access equipment.
• Provide access to equipment, training, and workshops for County coastside residents and volunteers pursuant to an annual plan to be submitted to the County.
• Broadcast messages and maintain a website to convey specific information to the public such as emergency information, program schedules, and local non-profit announcements.
• Maintain copyright and distribution rights that allow for the distribution of PCT produced programming to the public upon request.
The Department is recommending that an agreement be executed for a term of July 1, 2023 through June 30, 2028; and to specify that subsequent non-substantive amendments be authorized by the County Executive Officer or their designee, after consulting with the County Attorney. The City has continued to contract with PCT for PEG programming and access.
The County Attorney has reviewed and approved the resolution and agreement as to form.
COMMUNITY IMPACT:
Approval of this action supports the coastside PEG provider and helps enable delivery of PEG content to the coastside residents. The PEG provider also offers programs in their studio that support PEG access for their viewers.
FISCAL IMPACT:
The agreement is from July 1, 2023 through June 30, 2028. This agreement allows PCT to receive two percent of the cable provider’s gross revenue for the County coastside areas received by the County on a quarterly basis from the cable provider, which varies annually but is approximately $70,084 and $65,591 for the 2023 and 2024 calendar years, respectively, and is paid by the cable budget.
Additionally, Resolution No. 071438 executed on June 7, 2011 authorized distribution of $68,160 in PEG capital funds, which represented the remaining PEG funds previously allocated by this Board to the coastside PEG provider. PCT has invoiced and received reimbursement in the amount of $6,613.91 in October 2011 for PEG capital expenses and has not billed for the remaining $61,546.09 in allocated PEG funds. PEG capital funds are subject to separate Board action and not included in the agreement.
There is no impact to the General Fund.