San Mateo County Grand Jury • 2008-2009

Issue | Background | Findings | Conclusions | Recommendations | Responses | Attachments Who’s Watching Mctv? Issue

Published: April 30, 2009 19 pages
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Findings and Recommendations 11 findings

F1
The agreements between Mid-Coast Television (MCTV) and its local chartering agencies have been regularly renewed. In the case of the City of Half Moon Bay (City), the renewal is automatic and without review.
Related Recommendations (1)
R1
Communicate and coordinate any agreements with Mid-Coast Television (MCTV) in order to speak with one voice in contractual and oversight matters.
F2
Contrary to a provision in the agreement between the City and MCTV, a survey of the viewing public to ascertain the level of satisfaction with the station’s services has never been conducted.
Related Recommendations (1)
R2
Join with MCTV to create a strategic plan that improves the quality and relevance of service.
F3
The majority of MCTV broadcast programming is archival in nature, often obtained from sources outside the community, and is aired repeatedly. The overwhelming majority of MCTV produced programming is of regularly scheduled government meetings. Some new programming produced by others in the community and offered to MCTV has been rejected on technical grounds and occasionally for reasons of religious advocacy.
Related Recommendations (1)
R3
Initiate with MCTV a process of improvement based on community surveys and public input. The bylaws of MCTV should be adjusted to codify these reforms.
F4
MCTV now allows its governmental meeting content to be made available by others as fair use, with appropriate source attribution. MCTV claims the copyright ownership of all its recorded public meeting content and reserves the right to restrict its use at any time.
Related Recommendations (1)
R4
Encourage MCTV to seek out, foster, and broadcast new locally created programming. The agencies should consider Public, Educational, and Services (PEG) Station guidelines as a minimum-programming standard.
F5
Regular sequential archives of past recorded public government meetings older than 18 months are not maintained by MCTV and do not exist. However, it is committed to making recent and future recordings more available to the public through a web- accessible archive.
Related Recommendations (1)
R5
Work with MCTV to identify and develop new funding sources so that MCTV may carry out its mission more effectively.
F6
The Directors and Station Manager of MCTV acted on April 30, 2009 to eliminate the category of membership, as well as all rights associated with membership through a bylaw change. The MCTV Board absorbed these rights, and became a self-perpetuating governing body. It initiated this action, in part, to eliminate the burden of dissent from the membership.
Related Recommendations (1)
R6
Direct MCTV to publicly announce and invite the public to participate in its Board meetings. 7
F7
The level of MCTV’s operating revenues is directly proportional to a finite number of cable TV subscribers. Modified MCTV bylaws approved on April 30, 2009 (Attachment 5) 5
Related Recommendations (1)
R7
The level of MCTV's operating revenues is directly proportional to a finite number of cable TV subscribers. The City agrees with the findings of the Grand Jury on this issue.
F8
County staff thoroughly documents financial records and correspondence between MCTV and the County.
Related Recommendations (1)
R8
County staff thoroughly documents fiscal records and correspondence between MCTV and the County. The City does not have specific knowledge or data to support the Grand Jury's statement/findings on this issue.
F9
Under federal regulations, Public, Educational, and Governmental Access Services (PEG) Stations, such as MCTV, exist to provide specific services to the community that may not be available through other commercial media.
Related Recommendations (1)
R9
Under federal regulations, Public, Educational, and Governmental Access Services (PEG) stations, such as MCTV, exist to provide specific services to the community that may not be available through other commercial media. The City agrees with the findings of the Grand Jury on this issue.
F10
Before 2010, the County and the City are the designated public agencies that negotiate with the cable TV companies to acquire the franchise fees that fund MCTV. In addition, the local agencies charter the station and have contractual agreements with MCTV. These agencies also have the right to terminate the operating agreement with MCTV and put the PEG service out for competitive bid.
Related Recommendations (1)
R10
Before 2010, the County and the City are the designated public agencies that negotiate with the cable TV companies to acquire the franchise fees that fund MCTV. In additional, the local agencies charter the station and have contractual agreements with MCTV. These agencies also have the right to terminate the operating agreement with MCTV and put the PEG service out for competitive bid. The City agrees with the Grand Jury's findings on this issue. Grand Jury Findings and City of Half Moon Bay Responses October 6, 2009 11.In 2010, State law will supersede the contracts between cable TV operators and their local agencies. However, local agencies will continue to retain responsibility for their PEG stations, as well as the responsibility to distribute a percentage of franchise fees to support PEG operation. The City agrees that, with the enactment of the Digital Infrastructure and Video Competition Act of 2006 (DIVCA), the State Legislature has preempted local authority to enter into Franchise Agreements with cable providers. The City further agrees that DIVCA, as currently written, provides for local agencies to receive state franchise fees in exchange for the use of public rights-of-way for the delivery of video services provided within their jurisdictions, based on gross revenues, pursuant to a specified formula. However, based on the State's current and past actions in taking local agencies revenues, such as property tax, motor vehicle in-lieu fees and other local revenues, the States ability or willingness to follow through with this commitment is uncertain. Once revenue control is turned over to the State past actions indicate that the revenue amounts to local agencies may be reduced or ultimately eliminated. Time will be the true test of this statement. However, history tends to be a better indicator of the State's commitment or the lack thereof for protecting or continuing to pass through local revenues. Recommendations
F11
In 2010, State law will supersede the contracts between cable TV operators and their local agencies. However, local agencies will continue to retain responsibility for their PEG stations, as well as the responsibility to distribute a percentage of franchise fees to support PEG operation. Conclusions The 2008-2009 San Mateo County Civil Grand Jury concludes that San Mateo County (County) and the City of Half Moon Bay (City) have exercised little oversight with respect to the quality or relevance of the service Mid-Coast Television (MCTV) provides to the community. The Grand Jury further concludes that:
No recommendations for this finding

Conclusions 9

No Responses Found 2

Government entities assigned to respond to this report. No response documents have been linked in our database.

Half Moon Bay City
San Mateo County Board of Supervisors Elected County Office