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

                                                                       
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                                   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