ACM ADVOCACY REPORT

Where Does The Alliance’s Agenda Stand?What Can, And Should, You Be Doing To Make The Most Of Your Advocacy Visits.

Sylvia StrobelGerard Lavery Lederer

Jim Horwood

July 28, 2011

Presenters

Gerry LedererACM Advocate

Sylvia Strobel ACM Ex. Dir.

Jim HorwoodACM Counsel

Program Outline

• You’re not alone – Alliance is here to help.

• Reminder that as a non-profit for can still be an advocate.

• CAP Act Summary• FCC Actions• ACM Plans/Calendar

You’re Not AloneContact ACM for:

• Copy of Legislation to use for Hill meetings• Model Letter to request co-sponsorship• Summary of the CAP Act• Sample letter to send FCC on ACM Petition• VOTER VOICE on ACM webpage

Advocacy Agenda

Hill• CAP Act

Co-sponsors in House Champion in Senate

• Pressure on FCC to act on ACM petition

States• Mass, NJ, & Idaho

FCC• ACM Peg Petition

(30 months and counting)

• 14th Annual Video Competition – Comments filed 6/8

• USF eligibility for PEG Centers – Comments were filed 5/21

BBK?

But I am an non-profit –I can’t be an advocate!

You are permitted to be an advocate without jeopardizing your tax-exempt

status.

Limitations on Advocacy by an NPO/Gov’t Employee

• Rule: “Nonprofit organizations have a right and responsibility to advocate for the communities they serve and engage in the public policy process.”

National Council of Nonprofit Associations

Limitations on Advocacy by an NPO/Gov’t Employee www.clpi.org

• The Ground Rules – according to the Center for Lobbying in the Public Interest. (www.clpi.org)

• Can I lobby? Yes – but there are rules. Under the 1976 law, charities may spend up to

$1 million on lobbying, depending on the amount of their annual expenditures. If your org has not chosen to come under the 1976 law you are under the “no substantial part” test, which means that you can only devote an “insubstantial” amount of your resources to lobbying. Unfortunately, “insubstantial” has never been clearly defined under the law, with the result that nonprofits that do lobby but have not chosen to come under the 1976 law cannot be certain how much lobbying they may conduct without jeopardizing their tax exempt status.

Limitations on Advocacy by an NPO/Gov’t Employee www.clpi.org

• Federal or State Law? “State laws generally do not limit how much lobbying a nonprofit can

do, but they often require disclosure of expenditures. These rules are different from state to state.At the federal level, if your organization has chosen to come under the 1976 lobby law, your permissible lobbying is judged only by the amount of money you spend on that activity. For example, you may spend up to 20% of your organization’s first $500,000 in annual expenditures on lobbying. The maximum an organization can spend is $1 million.If you have not chosen to come under the 1976 lobby law, you are under the “no substantial part” test and the rules are less clear as to what constitutes lobbying.”

Limitations on Advocacy by an NPO/Gov’t Employee www.clpi.org

• Lobbying Federal Agencies (i.e FCC) “For charities that have chosen to come under the

1976 lobby law, by filing IRS Form 5768, it clearly is not a lobbying activity because there is no legislation involved. That is, it doesn't count against the amount you may spend on lobbying. The same answer holds for organizations that are subject to the no substantial part test.”

2011 COMMUNITY ACCESS PRESERVATION ACT 

112TH CONGRESS

1ST SESSION H. R. 1746___________________________________

To amend the Communications Act of 1934 to establish signal quality and content requirements for the carriage of public, educational, and governmental channels, to preserve support of such channels, and for other purposes.

IN THE HOUSE OF REPRESENTATIVESMAY 5, 2011

Ms. BALDWIN (for herself and Mr. LATOURETTE) introduced the following bill; which was referred to the Committee on Energy and Commerce.

___________________________________

2011 CAP ACT

PROBLEM• Cable Act Unnecessary Limits on the Use of PEG funds.

SOLUTION• Bill amends the Act to ensure that PEG fees

can be used for any PEG purpose, i.e. money can be spent for operating as well as capital.

2011 CAP ACT

PROBLEM(s)

• Discriminatory Treatment of PEG channels

SOLUTIONS• Bill amends the Act to ensure

PEG programming is transmitted without “material degradation and without

altering or removing content or data” and

such signals shall be viewable “by, every subscriber of the cable system without additional service or equipment charges…”

No fee for connection.

2011 CAP ACT

PROBLEM

• Loss of PEG Support and Localism

SOLUTION• Cable operator must

provide greater of: 2% of gross

revenues; Historical support

received (i.e. prior to the state franchise) or

State franchise financial obligations.

2011 CAP ACT

Problem

• Loss Of PEG Channels

Solution

• Cable Operator must provide number of channels in place day before state law was passed. If none on that day, then up to 3 channels at request of locals.

CAP ACT

Problem• Operators claiming

they are video providers, not cable and therefore not subject to PEG obligations

Solution• Act is amended to

ensure providers using wired facilities in the rights of way are treated similarly and are subject to similar PEG requirements.

Senate Efforts

• We need a champion in the Senate.• Can you help??• Ongoing efforts with:

Senators Kerry & Brown Senator Snowe

Understanding Decision Making at All Levels of Government

• Power Comes From Three Sources: Money Information Ability to Reach an Audience

• Every Policy Decision is a Risk/Reward Calculation

ALLIANCE AGENDA AT FCC

• Comcast Merger• PEG Petition• Future of Media• Video Competition• Eligibility of PEG

centers as anchor institutions for universal service.

Comcast PEG

• Approved by FCC in January, 2011• 4 PEG Conditions

No Digital Migration until System is all Digital Once all Digital – PEG on Digital Starter No change in deliver that results in viewer

impairment or degradation of signal quality VOD/On Demand trial

Future Of Media

• FCC Working Group – Report on Information Needs of Communities (6/9/11) Recognizes that PEG needs to be a part of the

“Future of Media.” Addresses many issues faced by PEG Incorporates ACM/ACD comments and meetings.

FoM Recommendations

• Funding from CPB for PEG channels• Exploration and action by community centers

to increase digital literacy and broadband adoption

• Expanded diversification of platforms & partners for PEG Websites LPFM SPANS Independent Programmers

3 0

2 7

1 2

6

6

6

3

3

0 1 0 2 0 3 0

A C M P eti ti o n

A v er a g e ti m e fo r eff ec ti v e c o m p . p eti ti o n

N a ti o n a l B r o a d b a n d P l a n

F C C M er g er R ev i ew

N o n -C o m p eti ti v e F r a n c h i s e

C el l T o w er (N ew )

C o m p eti ti v e F r a n c h i s e

C el l T o w er C o -Lo c a te

W a iti n g o n C o m m is s io n

Tim e to A ct in M o n th s

PEG PETITION

New America Foundation

• Full Spectrum Community Media Expanding Public Access to Communications

Infrastructure.

CALENDAR

• Congress is scheduled to be home from August 8 to September 8 September 26 – 30 October 17- 21 November 7- 11 November 21 – 30 December 9 – January

Hill Day

• “Hill Fly In” Advocacy Day.

• Please watch your mail and ACM’s Facebook page for more details.