SENATE BILL 491
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Joseph J. Carraro
FOR THE
ECONOMIC AND RURAL DEVELOPMENT AND TELECOMMUNICATIONS COMMITTEE
AN ACT
RELATING TO TELECOMMUNICATIONS; ENACTING THE COMMUNITY ACCESS TO MEDIA AND INFORMATION ACT; PROVIDING FOR COMMUNITIES TO ENSURE PUBLIC, EDUCATIONAL AND GOVERNMENT ACCESS TO CABLE TELEVISION FRANCHISE AGREEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Community Access to Media and Information Act."
Section 2. DEFINITIONS.--As used in the Community Access to Media and Information Act:
A. "access management organization" means an entity contracted to provide the services of public, educational and government access;
B. "political subdivision" means a unit of state government with a population of three thousand five hundred or more;
C. "public, educational and government access" means either combined or separate noncommercial channels that are given to communities in exchange for the use of public rights of way and that provide the general public with access to media programming, training and equipment to facilitate the use of bandwidth and spectrum; and
D. "service provider" means a corporation that offers communications, information and digital services to a consumer for remuneration.
Section 3. COMMUNICATIONS AND INFORMATION SERVICES--FRANCHISE AGREEMENT--TEN PERCENT FOR PUBLIC USE.--
A. A political subdivision that enters into a franchise agreement with a service provider shall require as a term under the franchise agreement that no less than ten percent of the bandwidth and spectrum or channels, whichever may be greater, be made available for public use. The franchise agreement shall include methods for the use of the bandwidth or spectrum by noncommercial agencies, organizations and institutions to provide communications and information services in the public interest.
B. A telecommunications franchise agreement pursuant to this section shall provide compensation of no less than three percent and no more than five percent of the gross revenues of the service provider as determined by a transparent audit mechanism.
Section 4. PUBLIC ACCESS NEEDS ASSESSMENT PRIOR TO FRANCHISE AGREEMENT.--
A. Prior to execution of a franchise agreement, the political subdivision and the service provider shall conduct an assessment of the communications and information needs of the community. The needs assessment shall be published as a matter of public record and a public hearing conducted to review its results. The hearing shall be conducted within ninety days of completion of the needs assessment. A needs assessment shall be conducted at least every five years during the course of a franchise agreement to ascertain changes in the needs of the community. The needs assessment shall be the basis for the political subdivision and service provider to negotiate the services to be provided.
B. If the needs assessment determines that public, educational and government access is needed and requested by the community, it shall be the responsibility of both the service provider and the political subdivision to provide for public access to cable communications and information services through a franchise agreement that will set the obligations and limits of the services.
C. On the expiration of an existing franchise in a political subdivision and the beginning of re-franchising negotiations, the service provider and the political subdivision shall conduct a needs assessment pursuant to Subsections A and B of this section.
D. If during the term of an existing franchise agreement the service provider changes ownership, a needs assessment shall be conducted to determine the community's need and demand for the establishment of public, educational and government access, if these services are not already in operation. If the needs assessment finds a community need and demand for these services, the political subdivision and the new service provider shall enter into negotiations to amend the existing franchise agreement to include these services.
E. Minimum requirements of franchise agreements executed pursuant to this section for public, educational and government access shall include that:
(1) no less than two percent of the annual gross revenues of the service provider shall be passed through to an access management organization for general operations; and
(2) no less than an additional one percent of gross revenues above franchise fees of the service provider shall be set aside for the provision of facilities and equipment to be collected by the political subdivision and passed through to the public, educational and government access operation, and the distribution of funds shall be determined by contract between the political subdivision and the access management organization.
F. If the service provider also operates as the access management organization, the provider shall establish clear administrative procedures to make equipment and channel time available to the community and shall state on screen that the public is watching an access channel. These requirements shall be specifically described in the franchise agreement.
G. If a nonprofit organization operates as the access management organization, the obligations in this section shall be included in the contractual agreement between the political subdivision and the nonprofit organization.
H. Nothing in this section prohibits political subdivisions from obtaining additional funding, bandwidth and spectrum or services from service providers other than the limitations as provided by federal law.
Section 5. CABLE AND SATELLITE SERVICE.--Cable and satellite service providers shall carry public, educational and government access channels and services in those designated market areas where they currently carry local commercial channels on their systems.
Section 6. EMERGENCY ALERT CAPACITY.--A communications and information service provider shall have the capacity for broadcasting emergency alerts via their systems.
Section 7. ABANDONED FRANCHISE.--A cable system shall be deemed abandoned if a renewed franchise agreement has not been completed by the termination date of the existing franchise agreement unless a mutually agreed extension between the political subdivision and the service provider for continuation of negotiations has been reached.
Section 8. DIVERSITY IN PROGRAMMING--DISCRIMINATION PROHIBITED.--
A. Service providers and political subdivisions shall act to provide the greatest possible range of diversity in programming and delivery of services to the public.
B. No service provider or political subdivision covered under this section may discriminate against an individual organization or corporate entity in regard to service or the granting of contracts and franchises for reasons of race, religion, ethnicity, age or sexual orientation.
Section 9. PUBLIC REGULATION COMMISSION--COMPLIANCE.--The political subdivision and the service provider shall file a report each year with the public regulation commission certifying compliance with the provisions of this section. Section 10. SUBSCRIBER--ACTION FOR COMPLIANCE.--A subscriber to the services included in this section may bring action to enforce compliance with the Community Access to Media and Information Act.
- 6 -