HOUSE BILL 675
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Antonio "Moe" Maestas
AN ACT
RELATING TO TELECOMUNICATIONS; ENACTING THE COMMUNITY ACCESS TO MEDIA AND INFORMATION ACT; PROVIDING FOR COMMUNITIES TO ENSURE PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS TO CABLE TELEVISION FRANCHISE AGREEMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Community Access to Media and Information Act".
Section 2. DEFINITIONS.--As used in the Community Access to Media and Information Act:
A. "access management organization" means an entity contracted to provide the services of public, educational and governmental access;
B. "annual gross revenues of the local service provider" means any and all revenues receivable annually by the service provider subject to federal regulations and laws;
C. "local franchise authority" means the unit of the political subdivision charged with oversight and regulation of the franchise agreements;
D. "political subdivision" means a unit of state government;
E. "public, educational and governmental access" means either combined or separate noncommercial channels that are given to communities in exchange for the use of public rights of way and that provide the general public with access to media programming, training and equipment to facilitate the use of bandwidth and spectrum; and
F. "service provider" means a corporation that offers communications, information and digital services to a consumer for remuneration.
Section 3. COMMUNICATIONS AND INFORMATION SERVICES--
FRANCHISE AGREEMENT--TEN PERCENT FOR PUBLIC USE.--
A. A political subdivision that enters into a franchise agreement with a service provider shall require as a term under the franchise agreement that no less than ten percent of the bandwidth and spectrum or channels, whichever may be greater, be made available for public use. The franchise agreement shall include methods for the use of the bandwidth or spectrum by noncommercial agencies, organizations and institutions to provide communications and information services in the public interest.
B. A telecommunications franchise agreement pursuant to this section shall provide compensation of no less than five percent of the gross revenues of the service provider as determined by a transparent audit mechanism.
Section 4. NEEDS ASSESSMENT PRIOR TO FRANCHISE AGREEMENT.--
A. Prior to the execution of a franchise agreement, the service provider shall, at its expense, conduct an assessment of the communications and information needs of the community. The methodology for the needs assessment shall conform to generally accepted standards. The results shall be published as a matter of public record, and a public hearing shall be conducted by the political subdivision within ninety days of completion of the needs assessment.
B. No assignment of a franchise shall be valid unless:
(1) the assignee assumes all of the obligations of the assignor; and
(2) the political subdivision has approved the assignment.
C. Minimum requirements of franchise agreements executed pursuant to this section for public, educational and governmental access shall include that:
(1) no less than two and one-half percent of the annual gross revenues of the local service provider shall be passed through to the access management organization for general operations;
(2) no less than an additional one percent of gross revenues above franchise fees of the service provider shall be set aside for the provision of facilities and equipment, to be collected by the political subdivision and passed through to the public, educational and governmental access operation; and
(3) the funds payable to the political subdivision in accordance with Paragraphs (1) and (2) of this subsection shall be distributed by the political subdivision among the access providers equitably in accordance with the demands upon their respective resources.
D. If the service service provider also operates as the access management organization, the service provider shall establish clear administrative procedures to make equipment and channel time available to the community and shall state, on screen, that the public is watching an access channel. These requirements shall be specifically described in the franchise agreement and subject to regulation and approval by the local franchise authority.
E. If a nonprofit organization operates as the access management organization, the obligations in this section shall be included in the contractual agreement between the political subdivision and the nonprofit organization and subject to regulation and approval by the local franchise authority.
F. Nothing in this section prohibits political subdivisions from obtaining additional funding, bandwidth and spectrum or services from service providers within the limitations imposed by federal law.
Section 5. CABLE AND SATELLITE SERVICE.--Cable and satellite service providers shall carry public, educational and governmental access channels and services in those designated market areas where they currently carry local commercial channels on their systems.
Section 6. EMERGENCY ALERT CAPACITY.--A communications and information service provider shall have the capacity for transmitting emergency alerts via its system.
Section 7. ABANDONED FRANCHISE.--A cable system shall be deemed abandoned if a renewed franchise agreement has not been completed by the termination date of the existing franchise agreement unless a mutually agreed upon extension between the political subdivision and the service provider for continuation of negotiations has been reached.
Section 8. DIVERSITY IN PROGRAMMING--DISCRIMINATION PROHIBITED.--
A. Service providers, political subdivisions and access management organizations shall act to provide the greatest possible range of diversity in programming and delivery of services to the public.
B. No service provider, political subdivision or access management organization covered under this section may discriminate against an individual, organization or corporate entity in regard to service or the granting of contracts and franchises for reasons of race, religion, ethnicity, gender, age or sexual orientation.
Section 9. PUBLIC REGULATION COMMISSION--COMPLIANCE.--The political subdivision and the service provider shall file a report each year with the public regulation commission certifying compliance with the provisions of the Community Access to Media and Information Act.
Section 10. SUBSCRIBER--ACTION FOR COMPLIANCE.--A subscriber to the services included in this section may bring action to enforce compliance with the Community Access to Media and Information Act.
Section 11. SEVERABILITY.--If any part or application of the Community Access to Media and Information Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
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