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We thank the House staff and the staff of DCTV for their work in making this footage available. Persons interested in cablecasting this hearing on their communities’ PEG access channels may obtain a copy by contacting the Alliance for Community Media at 202-393-2650 x 12. Also, the whole hearing is available for viewing in one online file at http://blip.tv/file/1278920/ .
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01: Chairman Jose Serrano (NY-D) Opening Statement (pdf)
In his opening statement Chairman Serrano expressed support for PEG access, explaining the purpose of the 1984 federal law that gave local franchising entities the authority to require PEG access channels. “By granting this authority,” Serrano said, “Congress recognized that PEG programming is in the public interest and essential to our communties as an outlet for free speech, local information and opinions, and emergency communications. PEG supports our democratic ideals by helping to develop a well-informed and educated society. It benefits all of us to support and encourage PEG programming.”
Chairman Serrano also explicitly took AT&T to task for declining to attend the hearing. “AT&T’s recent action relating to PEG channels goes to the heart of many of the concerns that will be raised today. Let the record show that I consider their decision not to send a witness to be indicative of the company’s apparent disregard of the importance of PEG to local communities.”
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Chairman Jose Serrano (NY-D) & Acting Ranking Member Mark Kirk (IL-R)
02: Acting Ranking Member Mark Kirk (IL-R) Opening Statement
In the absence of the Subcommittee Ranking Member Ralph Regula (OH-R), Rep. Mark Kirk (IL-R) made the opening statement for the minority. He strongly reinforced the Chairman’s comments on AT&T, and the importance of PEG access. “If there was any thought by AT&T that the Republican member here at the hearing would help them out, let me disabuse them now,” Kirk said.
Kirk continued, “I think this committee should take some action on this. It does appear that AT&T is in direct violation of Illinois law, and so, whether it is in Springfield or in Washington, we should fix this to make sure that there is a very convenient place, especially for our seniors, to find what’s happening in their local community… I breeze through local access cable like everyone else does, except when we’re doing a zoning or other issue related to my neighborhood, and then we are locked on this like everyone else.”
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03: Monica Desai, FCC Media Bureau Chief, Testimony (pdf)
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04: Barbara Popovic, Alliance for Community Media, Testimony – (Written-pdf) (Oral-pdf)
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05: Howard Symons, National Cable Television Assoc., Testimony (pdf)
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06: Michael Max Knobbe, BronxNet, Testimony (pdf)
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07: Chairman Jose Serrano (NY-D); Questions – Territories
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08: Chairman Jose Serrano (NY-D); Questions
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09: Acting Ranking Member Mark Kirk (IL-R); Questions
Rep. Kirk asked Monica Desai, “What are your plans to implement your testimony from the Commission, to make sure that AT&T is forced to bring PEG back to the basic – so that they have a channel, somewhere between 1 and 100, on the basic service tier, and are not exiled to on-demand?” Desai replied, “I would be anxious to place this issue in front of the Commissioners for them to decide, with our view that this would be a violation of the statute. But what we would need is to have a specific and formal complaint filed in front of us. We would need something to act on.”
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10: Rep. Carolyn Kilpatrick (MI-D); Questions
Rep. Kilpatrick made mention of the Michigan law suit enjoining Comcast from channel slamming, then said, “I don’t want to see PEG relegated to some substandard something. It ought to be right up there with the other major channels. And whatever we have to do to get it there — it sounds like it’s a regulatory something, as well as a people something — and if we have to mobilize America to educate them to what it is, I think we have to do that.”
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11: Rep. Maurice Hinchey (NY-D); Questions
Rep. Hinchey asked about possibly establishing minimum levels of support for PEG access. “I have a public access station back in my district, in the city of Binghamton,” Hinchey said, “that unfortunately is not provided with the facilities and training by its cable service providers. So I’m wondering what you think could be done so that the Federal Communications Commission would have the authority to enforce perhaps a federal minimum of financial support that could be provided by cable service providers, so that rural areas generally have the same capability for public access as do larger cities?”
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12: Rep. Peter Visclosky (IN-D); Questions
Rep. Peter Visclosky to NCTA's Howard Symons: "Oh, don't say that!"
Rep. Peter Visclosky (IN-D) asked questions of Howard Symons about the cable industry’s commitment to community service. In response to a question about Comcast’s closing of studios following passage of Indiana’s statewide video franchising law, Symons said: “You know, Congressman, the cable industry didn’t ask the state legislatures to change the law.” Visclosky instantly replied, “Oh, don’t say that! Don’t say that! I would suggest that that is not a correct statement — to be polite.”
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13: Rep. Adam Schiff (CA-D); Questions
Rep. Adam Schiff (CA-D) questioned Ms. Desai’s mention of the FCC’s requiring a formal complaint
“I’m surprised that it really requires that. I would think if you have an oversight responsibility in this area, and you see major companies who are not complying with the statute, that you have the authority on your own to take action, to communicate with the companies that this does not meet the requirements of the statute.”
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14: Chairman Jose Serrano (NY-D); Questions, Round 2
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15: Michael Max Knobbe Answers Chairman Serrano
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16: Acting Ranking Member Mark Kirk (IL-R); Questions, Round 2
Rep. Kirk asked Ms. Desai if a joint letter from the Committee would help the FCC expedite an inquiry into these matters. “I would be willing to sign a letter, with the Chairman, to you, saying, ‘Hey, get on the case here.’ Is that enough for you to get rolling?”
Ms. Desai answered, “I’m sure a letter from you and Chairman Serrano would be taken… act on it post haste.”
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17: Rep. Maurice Hinchey (NY-D); Questions, Round 2
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18: Chairman Jose Serrano (NY-D) Closing Statement
“We stay committed to the commitment I made before to Mr. Kirk and the Committee that the issues that have been discussed here will be placed by this Committee officially in a formal fashion before the FCC, to make sure that we begin to look at the whole issue and how best we can stick to the intent of the law, notwithstanding some changes that have taken along the way.”
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compiled by Rob McCausland
Alliance for Community Media
202-393-2650
http://alliancecm.org
Clippings for PEG Access Television 
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