
"Transparency is the new objectivity"
— David Weinberger
There is a hearing tomorrow at the Rhode Island Public Utilities Commission that may determine whether the cable TV public access studio in Portsmouth remains open. Their Division of Public Utilities and Carriers has proposed new rules, according to their Web site, which would allow for the reduction in studios state-wide, and one local PEG volunteer producer, Rich Talipsky, sent me the following information that may be of interest to those who use or depend on local access.
FYI, when the issue was first reported by Newport Now on October 15, I sent an e-mail requesting clarification to Elizabeth Esposito, the state-wide director of public access, and Brian Medeiros, who manages the local facility. I have no record of response from either.
From Rich Talipsky:
Two weeks ago there was a threat by the Public Television administrators to close the Portsmouth Public Education and Government (PEG) Access Studio that provides programming for Cable Channel 18. After a meeting of the Public Television administrators with the volunteers that operate the studio, the Newport Daily News editor, the Town Council Presidents and other concerned citizens, the administrators backed down and agreed to keep the Portsmouth studio open. Although the decision has been tabled, the changes to how PEG Access operates that precipitated the potential studio closing are still under consideration and could allow studio closing later. Currently, the rules require that a studio be maintained in each “service area” of which Newport County is one. The new rules would reduce the number of studio available to “five studios statewide.” Other contemplated changes also affect our PEG Access.
Here is a summary of the changes to the Rules Governing Community Antenna Television (CATV) Systems being contemplated by the Public Utilities Commission (PUC).
Increased Administrative Funds to the PUC
Page 10 Section 1.7 Fees. This section change allows the increase of $50,000 (from $250,000 to $300,000) that the PUC can have for administration of the CATV system. The question is, with a reduced level of operational studios being proposed (see p46 Section 14.2), why is additional administrative funding required? The larger question about fees is, “Where does all the revenue that is collected go?” With the bare bones operation and antiquated equipment of the Newport County TV Studio, it can’t be going there. Current cable subscribers pay 50 cents each month for PEG Access.Reduction in Public Access Studios and Equipment.
Page 46 Section 14.2. This change modifies the requirement for fixed studios from one per service area to five studios statewide. This will allow later consolidation of the Newport Studio. Aquidneck Island is unique. Not having a station on the island presents many problems not experienced by other service areas. They include the access to the island by bridges (one, and perhaps later, two with tolls). With the associated traffic delays, locating a studio off the island presents access problems in (1) people traveling to the studio, (2) people checking out studio equipment and (3) the on-location coverage of the major events in Newport (such as up to 4 parades) that have been covered each year.The reduction of the studios does not come with any increase in the available equipment. The provisions of Section 14.2 (c) actually reduces the equipment available in that it maintains the minimum equipment at a “per studio” level. Thus, if the number of studios is reduced, so is the equipment available. If the Bristol and Portsmouth facilities were to consolidate this would result in an immediate reduction in the equipment available. (If the notion is to consolidate the facilities due to physical overhead cost and perhaps allow for two sets in one studio, as some say would happen with consolidation, the reduction in equipment would not allow this to happen.) There would be insufficient equipment to handle the added usage of the combined facility.
It appears that this change is being motivated strictly by a reduction in cost without a concomitant review of the operational perspective of effectiveness in community programming and service. A more in-depth review of the value of these proposed changes and the affect on community service is needed. At a minimum the maintenance of a studio on Aquidneck Island is essential.
A PUC hearing is scheduled on these changes on Nov 4 at 10:00AM, 89 Jefferson Boulevard, Warwick, RI. The public is invited.
— via e-mail from Rich Talipsky
Can't take a day off in the middle of the week to give testimony? You'll have to drop a physical letter off at the PUC in Warwick today.
Here's an idea. We live in the age of the Web. How about the PUBLIC utilities commission uses their Web site to engage the PUBLIC. Right now, according to RI General Law (RIGL), they are only required to make information available on the Web, not use it in any way to engage the public. In addition to offering testimony, if you have the time, why not drop a line to our state delegation asking for a change to RIGL 39-1-18 to require the PUC to be more interactive.
I've just sent the following by e-mail to Sen. Chuck Levesque, Rep. Jay Edwards, Rep Ray Gallison, Rep. John Loughlin, and Rep. Amy Rice.
To the Portsmouth legislative delegation:
I'm writing about a specific issue -- proposed rulemaking changes by the PUC -- which has exposed a larger issue, and I would ask that the Portsmouth delegation consider legislation in the next session to facilitate citizen input to this entity.
While the rulemaking of the PUC is not within the legislature's direct control, I would strongly urge you to use whatever leverage you have to oppose the proposed changes reducing the required number of public access studios. The people of Portsmouth depend on cable access for much of their information about government and events and issues of town-wide significance, and forcing cable access producers to travel off the island to obtain equipment or use studio space would, in my opinion, serve to reduce participation.
While you may not be able to directly impact their decision, at least one of the proposed rules -- increasing the administrative funds -- would require legislative approval. Perhaps the Commission can explain why they should get more money to regulate less: According to testimony filed by their Associate Administrator for Cable TV, Eric Palazzo, "The Division believes that the competitive market place should be the driving force [...] and that our cable rules should reflect that belief." (http://www.ripuc.org/utilityinfo/cabletv/2009_C1_testimony1.pdf) This does not appear to me to be consistent with a requested increase in funding; I would respectfully suggest rejecting the increase and reminding the Commission that they are there to serve the public, not the utilities.
The larger issue exposed by this case are the legislative requirements controlling the PUC's Web site, which are set out in § 39-1-18, which only requires the commission to use the Internet for publishing information, but not for actually engaging citizens. While this was probably sufficient when the legislation was drafted, the rise of Web 2.0 (which facilitates community engagement and input) makes this low bar for the commission obsolete. I would urge the addition of a section (d) which specifically sets out requirements for soliciting public input.
Other states (like New Hampshire, for example: http://www.puc.nh.gov/Regulatory/proposedrules.htm) allow the public to comment on proposed rules via e-mail. Taking a day off work to offer comments is an undue burden when options exist -- and is especially ironic when the medium being regulated, cable, provides Internet access to a large percentage of Rhode Islanders.
Thank you very much for your time and consideration, and all you do for the people of Portsmouth.
Resources
Commission docket
Proposed changes from PUC (230k PDF)
RIGL 39-1-18