BILL ANALYSIS 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE DEBRA BOWEN, CHAIRWOMAN SB 2012 - Speier Hearing Date: April 25, 2000 S As Introduced: February 25, 2000 FISCAL B 2 0 1 2 DESCRIPTION Current federal law requires all television stations to convert their broadcast signal from analog to digital by 2003. This bill provides $25 million in matching grants to public television and radio broadcast stations to purchase and install digital broadcasting equipment. To be eligible for this funding, the public broadcasting station must enter into an agreement with the Office of Emergency Services (OES) to dedicate, as necessary, a broadcast channel for the provision of emergency information in a format which is accessible by the deaf, hearing-impaired, and non-English speaking populations. This bill allocates 75% of the funding to public television broadcasters and 25% of the funding to public radio broadcasters. Within those categories, half of the funding is divided equally between the stations and the other half is divided in proportion to the non-federal funding each station receives. BACKGROUND "Public broadcasting" includes both public television and public radio, although the federal mandate to move from an analog signal to a digital signal only applies to television stations, not radio stations. There are 14 public television stations and 23 public radio stations in California, none of which receive state support, and according to the public broadcasters, California is one of the few states in the nation that provides no public support for public broadcasting. Pursuant to an act of Congress, the Federal Communications Commission (FCC) has required that public television stations change their broadcast signal from an analog signal to a digital signal by 2003. Commercial television stations also have to change to a digital signal, but they have to accomplish the switch sooner than the public television stations. Digital television may well change the nature of television, much as it changed the nature of telecommunications, by providing clearer pictures, increasing the number of channels, and providing data and interactive features. The cost of this mandate is significant, both for the broadcasters and for owners of television sets. The Public Broadcasting Service estimates the cost of complying with the mandate and upgrading its production facilities to digital - which isn't required by the mandate - will average $9 million per station, though for large stations providing programming the cost could go as high as $20 million. Some of these costs may be funded by the federal government (though no federal money has yet been made available), but most will be funded by other public and private sources. A similar digital mandate for public radio does not exist, but some speculate that such a mandate will come soon. The total estimated digital conversion costs for all of California's public broadcasters, both television and radio, is estimated at $140 million. One of the significant benefits of the digital broadcast mandate is that it creates additional broadcast capacity. By broadcasting digitally, the broadcaster can use the signal in different ways, such as to broadcast four "regular-quality" signals or one high quality signal. This bill encourages public television broadcasters to enter into an agreement with OES to dedicate a channel for emergency information by making state funding available for the digital conversion to those stations that reach such an agreement. This same incentive applies to public radio broadcasters, although public radio broadcasters aren't laboring under that same digital broadcast mandate. Public broadcasters who do not enter into an agreement with OES are not eligible for the grant. KEY QUESTIONS 1.Should public radio stations, which aren't mandated by federal law to switch to a digital signal, be eligible to receive funding simply because they voluntarily decide to make the switch? 2.Should eligibility for state funding be conditioned on an agreement with OES to dedicate a broadcast channel to provide emergency information in a specific format? 3.How long should the agreement between a station that accepts funding and OES be required to last? 4.Who should be responsible for producing and funding the programming to be aired over the emergency information channel? COMMENTS 1) Federal Mandate To Go Digital . The federal mandate for television broadcasters to digitalize their signals by 2003 has galvanized the public broadcasting sector and sent many stations in search of funding in an effort to comply with the mandate. While the mandate only pertains to the television signal broadcast function, public television broadcasters foresee a need to digitalize the production function in order to take full advantage of the digital broadcast signal. Public radio stations, which are under no mandate to digitalize either their signals or their production facilities, believe in the benefits of digitalization and feel they may face a mandate to digitalize in the future. In order to stretch the public dollars in the hope that all of California's public television stations are able to meet the federal mandate to move to a digital signal by 2003, the author and Committee may wish to consider conditioning the ability of public radio stations to receive funding on those stations being placed under a similar federal mandate. 2) How Long Should The OES Agreement Last ? The bill is silent on the duration of the agreement between OES and the public broadcasters. Under the terms of the bill, the agreement could last anywhere from one day to eternity. The author and Committee may wish to consider specifying a minimum duration that the agreement must be required to last. 3) Who Should Produce The Programs ? The bill is silent as to who is responsible for producing and paying for the programming to be carried over the dedicated public broadcast channel in the event of an emergency. Clearly, OES has the expertise in terms of what types of information should be relayed to the public in the event of an emergency, but public broadcasting stations may be better equipped to produce higher quality programming more rapidly. The author and Committee may wish to consider whether the production question should be resolved here or whether it should be subject to negotiations between OES and the public broadcasters. 4) Technically Speaking . The author may wish to consider the following two technical amendments: a)Page 4, Line 30 and Page 5, Line 26; changing the word "available" to "accessible." b)Page 5, Line 29; changing the word "section" to "article." 5) Related Legislation . Last year, the Committee heard and approved SB 844 (Schiff), which revised the membership of the California Broadcasting Commission and stated legislative intent that funding be made available through the state budget to help public television broadcasters convert to a digital broadcasting signal. SB 844 passed this Committee 7-2, but was held on the Senate Appropriations Committee suspense file. POSITIONS SPONSOR: Author Support: California Institute of the Arts California Public Radio California State University, Chico The J. Paul Getty Trust KRCB TV & Radio KVPT-TV Daniel J. Lanahan, Board Member KCSM TV & Radio Wells Fargo 10 individuals Oppose: None on File Randy Chinn SB 2012 Analysis Hearing Date: April 25, 2000