Public-access Television - Challenges

Challenges

PEG television has come under fire from many sources including cable TV providers, local governments and officials, producers, viewers and even corporate litigation from potential copyright infringements. Special interest groups have also frequently applied pressure on PEG operations.

PEG often struggles to balance freedom of speech with free, open access to the cable systems and as a result cable operators or PEG organizations have occasionally (rightfully or wrongfully) banned producers, discriminated between programming in their allocation of airtime, or have removed or banned programming based upon potential legal problems, the values of the PEG organization, or the values or desires of the cable TV provider.

Funding for PEG is usually managed from local governments issuing the cable television franchise agreement. This same government often receives cable television franchise fees that come from the cable companies. Negotiation for PEG television services can often be hindered by obstructive or restricting behavior from the cable company, a competing cable provider, or the government officials and staff issuing the franchise agreement.

PEG television has been challenged by cable TV operators and telephone companies, who are now expanding into the cable TV business. These companies have lobbied for significant legislation through the U.S. Congress and through various state legislatures to reduce or end PEG television.

In California, the passage of AB2987 or "The Digital Infrastructure and Video Competition Act of 2006," has changed the laws by which cable TV companies operate and as a result many public-access television studios in the state have closed.

Municipalities, local governments and even residents often confuse the difference between commercial broadcast television and PEG television. PEG television has been reported to the FCC about infractions that may apply to broadcast television, even though cable television content (including public-access television) is not subject to the same rules. Because cable television is a closed system with elective access there are fewer rules and restrictions about content.

PEG television stations and studios are sometimes poorly managed and/or poorly supported, and give rise to numerous complaints. Station complaints range from poor scheduling and playback, programming playing late or not at all, or signal strength being so weak that the program becomes unwatchable. Studio complaints usually focus on the lack of equipment or facilities, poor equipment condition, and staff indifference. Accusations are often made that these situations arose as a result of willful neglect on the part of a city, a cable company, or other third party organization, with the intention of making the public-access television facilities so inviable that interest in them will wane and facilities can be closed. Complaints may also reflect viewers' general disagreement with other people's viewpoints. Complaints may also reflect discrimination in the resources a PEG organization applies to one type of programming vs. another.

Another challenge in maintaining public-access television facilities as a free speech forum can come from within the membership of the PEG facility itself, by the overuse of commercial video programmers whose program content contains sponsorship underwriting advertisements like the type permitted on Public Broadcasting stations. Programming could then become very similar to other cable channels and programming without such sponsorship could be deprived of fair treatment by the administrators of a public-access television facility.