public access – Frank Moore’s e-Salon

“The Battle For Public Access” Pt. 4 on BTV, Berkeley Community Media, Ch. 28, March 2010

admin — Sun, 14 Mar 2010 08:24:00 +0000

AND THIS IS A MUST SEE, BLOWING EVERYTHING OUT OF THE WATERS!

In Freedom,
Frank Moore

* * * * *

“The Battle For Public Access” Pt. 4
on BTV, Berkeley Community Media, Ch. 28
March 2010

Tuesday, March 16 10:00 PM
Wednesday, March 17 6:30 PM
Friday, March 19 2:00 PM

you can watch the show online at:
http://www.betv.org/btv28/btv.asx

Battle for Public Access Specials on B-TV

admin — Wed, 24 Feb 2010 07:38:00 +0000

and the forthcoming fourth episode blows everything explicitly out of the bullshit Waters!

In Freedom,
Frank Moore

* * * * *

LUVeR Specials on B-TV (Berkeley Public Access cable channel 28)

you can watch the show online at:
http://www.betv.org/btv28/btv.asx

The Battle For Public Access
Pt. 1 – Carl Bryant
Tuesday, February 9 at 9pm
Wednesday, February 10 at 5:30pm
Friday, February 12 at 1pm

The Battle For Public Access
Pt. 2 – Carl Bryant
Tuesday, February 16 at 9pm
Wednesday, February 17 at 5:30pm
Friday, February 19 at 1pm

The Battle For Public Access
Pt. 3 – Tracy Rosenberg
Tuesday, February 23 at 9pm
Wednesday, February 24 at 5:30pm
Friday, February 26 at 1pm

Shaman’s Den: Tracy of Media Alliance

admin — Mon, 30 Nov 2009 05:41:00 +0000

hey, Tracy! It was a great show last night. We got this below email about it.

We forgot last night to arrange how to get your show to play on LUVER. We can play it from a dvd.
Does that work for you?

In Freedom,
Frank Moore

* * * * *

Last nights guest on The Shaman’s Den was Tracy Rosenberg from Media Alliance. It was a great show about what is currently happening with big media, public access and particularly BTV. It is such important information to get out there. It was great to get the information out about how much BTV has changed in the last year and a half. Frank and Linda talked about how the entire feeling of what BTV has changed. They are no longer showing as much local, raw, intimate programming. Now they are showing canned programs that are not local. Tracy talked about how when programs are not local they loose the magic that comes out of people creating something within their community. The programming on BTV is now looking mainstream, smooth, and polished. They have now replaced Frank’s shows with old cooking shows from Colorado which means that instead of having local bands on the air they have out of state cooking shows! Wow! Linda talked about a show that use to be on that was a heavy metal cooking show, a local show where heavy metal guys where on with their girlfriends and they were cooking. They would cook things that looked really good and it was a really sweet show. Now shows like that are gone. Linda talked about how BTV is no longer user friendly. They have made new rules that make it harder for local people to put programming on the air. Now you have to be a member and pay a fee in order to have something on BTV and you don’t have to be a local person to sponsor a show. They made up a new rule that a person cannot host more than one show in a day. That rule right there knocked much of Frank’s programming off the air! Whatever image they are trying to put out there they are blinded to what was happening before within the community, people connecting with each other. Linda talked about how many people would come up to Frank when he was on the campaign trail. They all knew Frank because they were watching his shows!

Frank talked about how he has tried to have conversations with the new people who are running BTV to ask them why they have made the changes they have made. He sent them letters to ask why they have the new policies that they have. He has even invited them on his show to discuss it. They have not been responsive and are not interested in engaging. Tracy said that they should come on the show and they should be willing to talk about why they are making the decisions that they are making. Frank and Linda talked about how they don’t know what to ask them at this point. The changes have been so drastic that it has been hard for them to watch the changes that have happened like Frank’s shows being replaced by old cooking shows from Colorado! Frank said that there should be enough local stuff to fill the space, don’t kick him off for canned stuff! Frank and Linda told Tracy about how Frank use to have six hours of programming on a night. Before that they just had the daily announcement calendar on from midnight to 6:00 AM so that Frank suggested that he could fill the space with the hundreds of programs that he had. At the time the director of BCM said great and that’s the way it was for years!

There was so much important information that came out in this show about the media. Tracy talked about the laws that they are working on in Washington to legalize pirate radio. Frank said that before it gets passed they will probably crack down and go around and shut down a bunch more pirate radio stations. With digital channels there are now more channels on tv and on the radio but the big cable companies like Comcast who lease out BTV to the Berkeley Unified School District and to the city of Berkeley, who own the channels are not going to donate any more of their channels for community use. Tracy said that they are only going to donate the minimum that they are required to by law. Tracy talked about how ATT throws big parties in Sacramento and in other states to get what they want. They are trying to become the monopoly and they are the monopoly in 26 states including California. This way the cable companies do not have to contract with each city but have a big monopoly in the entire state. Linda said that every month the cable bill goes up by 25 or 50 cents and Tracy said they are making a killing! Big media does not like public access because they do not like what they cannot control, what they can’t make money off of. In LA public access is almost dead, almost gone when there used to be 12-14 stations. There are laws that people are working on that would roll back the laws and provide public access with the funding they were receiving in 2005. There would be less restrictions on how they can spend their money. Now much of the funding can only be used for equipment and not for hiring people to train people to use the equipment. Frank talked about how media equipment is now easier to use, more people friendly. So, that in a time when it is even easier for people to create things the media makes it harder for people to get it out there into the community. Linda talked about how people are often attracted to an image of doing something that is going to reach a lot of people rather than listening to how easy it is to do your own show and get it out there without money and without focusing on how many people you are reaching. Tracy said that at least Frank is still kicking away and doing his 2 1/2 hour show and that she did not know of another station that allows people to play shows that are that long in length. Tracy said that she would take Frank’s slot when he retires and Frank said that he is not going to be retiring anytime soon! He said that he is good at grabbing opportunities. He said that most people aren’t good at grabbing opportunities.

Frank and Linda told the story about when the city council tried to change Frank’s programs to 2:00 AM and how they backed down when channel 7 showed up and supporters showed up and Frank kept writing letters to the newspaper. It was front paged news. There was only one city council member who was for not changing the time of Frank’s shows. Then it failed and the whole thing was dropped when the ACLU came in. The City Council was trying to come up with laws for Frank’s shows that were different than the ones on a national level. Linda told the story about how Luver got started. They were doing the Shaman’s Den on another web station who said that Frank had to sell out. It turned out they were talking about selling out for only a few dollars! Frank said that Luver could play the show that Tracy is airing in San Francisco and she said great! They have 10 episodes already and Frank said that is 10 weeks worth! Tracy had heard that Frank had run for president and Linda read her his policies on public access media and she said that nobody who ever ran for president had such a great policy on the media. From Frank’s platform: “Each city and each “media market” will have at least two public access channels on radio, broadcast television, cable, AND satellite! These channels will be free and open forums for discussion of the issues. Moreover, starting 2 months before an election, every radio and television station will give each candidate 5 hours of free prime time.” Linda told the story of how Frank ran for president, how it all started as a T-shirt. It was a present for Frank. Then when Frank would wear the T-shirt people started asking what his platform was, so he wrote one and it took off from there. Lately people have been asking if Frank would be running in the next election! They are getting excited about it again now that they see that not much is changing with Obama.

Tracy talked about how we watch public access for the intimate feeling of it, its about neighbors talking to neighbors that the idea behind it. Frank said that that is what he is trying to tell BTV so he said to call them and tell them that you want local programming! Tracy said that it has been a great show and that she will be watching luver! Tracy said that Media Alliance where she works is an activist organization that fights for 1st amendment freedom of speech, alternative voices, independent media. Media Alliance introduces people to media skills so they can get there message/story out. This show did that in a very powerful and important way!

Fw: ampb report #93

admin — Mon, 30 Nov 2009 05:27:00 +0000

tomorrow I am doing a special show with Media alliance. Hopefully we will cover some of these issues. But maybe not, because they seem to be more mainstream.

In Freedom,
Frank Moore

* * * * *

Dear Readers,

Every now and then the authorities get excited and go out and start some enforcement activities. We don’t know if it’s caused by moon phases or solar flares, but probably they are just doing the bidding of their bosses. Right now we seem to be in one of those “heightened enforcement” periods. Stories about the fines against Pirate Cat Radio and Radio Free Brooklyn follow. All I can say is watch out for these FCC guys and whatever you do, don’t let them in to “inspect your facility”. If they’re in your area, a good strategy may be to go quiet until they go away. Changing location also seems to work as a stall tactic. Most enforcement seems to be generated by complaints, so try not to make people want to complain about you. Send out a clean signal and don’t interfere with licensed stations. The movie formerly known as “The Boat That Rocked” has finally made it to the US in a shortened form and retitled “Pirate Radio”. We hope it inspires people to join in the fun. Anyway, enjoy any slack time that comes your way and remember that shortwave stations like to crank it up during the holidays so tune in to the area just below 7 megahertz and see what you can hear!
-Paul Griffin (for the AMPB)

HUGE BLOW IN WAR AGAINST CORPORATE DOMINATION OF THE AIRWAVES; PIRATES TAKE A HIT.
San Francisco, CA, 10/31/2009 — Pirate Cat Radio, a volunteer-run, community broadcasting organization operating out of the Pirate Cat Café in San Francisco’s Mission district, has ceased its terrestrial broadcast on 87.9FM in response to the latest demands of the Federal Communications Commission. In a notice dated August 31, 2009 the FCC asserted that Monkey, the founder of Pirate Cat Radio, “willfully and repeatedly violated Section 301 of the Communications Act of 1934” and proposed to fine him $10,000 for the infraction. By bringing to bear the full weight of the Federal government against continued broadcast operations, the FCC’s order effectively ends Pirate Cat Radio’s thirteen-year run as one of the Bay Area’s most consistent voices of protest against corporate-run media monopolies and monocultural programming. The FCC was established by the Communications Act of 1934, and was given the responsibility of making a “fair, efficient and equitable distribution of radio service”, and to ensure that broadcasters serve the ‘public interest’. It is hard to understand how fining the founder of Pirate Cat Radio, an entirely volunteer run community station, and effectively taking them off the air after 13 years, is an appropriate action and in the public’s interest There have never been any complaints over PCRs content. Pirate Cat Radio provides an important community service one that has been recognized by the Board of Supervisors in a certificate of honor. They are one of the best sources of news and regularly broadcast Al Jazeera and BBC bulletins. The news is read in every 2-hour DJ slot. They make regular valuable PSAs and publicize local events. They take an active approach to involving the community, by bringing local unsung heroes and talents into the studio. Pirate Cat Radio provides a voice and outlet for many sections of the community of the Bay Area which cannot make themselves heard anywhere else. If the public’s interests are to be served then ‘ordinary’ people must be allowed to make their voice heard and to be allowed to express themselves creatively without regard for commercial success. The FCC’s policy instead seems to be protecting the airwaves for the big corporations to pump out their bland, homogenized wasteland offering dull limited playlists, banal chat and censored opinions. Until this happens people must continue to challenge the corporate domination of the airwaves. Looking to the future, PCR can continue as an internet only station and the café/studio on 21st st will continue to operate, but at least for the time being, but it cannot safely broadcast over the terrestrial FM band without possibly jeopardizing its volunteers and supporters. How this will affect the service is not clear yet, although it is true that the majority of their listeners are now online or downloading podcasts. “Obviously this is a major disappointment,” says Monkey, “But we made a collective decision that Pirate Cat Radio must come off the public airwaves, until some method is found to change the law or get it authorized under existing law.”

For additional information:
Monkey
Pirate Cat Radio
415-571-1911
monkey@piratecatradio.com

Radio Free Brooklyn Gets Slapped

The Federal Communications Commission (FCC) has levied a $10,000 fine against two Flatbush “schlock jocks” who were operating a pirate radio station out of their own apartment. FCC officials said that Jean Clerveau and Jocelyn Edwards were “providing services and facilities incidental to the operation of an unlicensed radio transmitter when they were caught playing their tunes on 90.5 FM. FCC agents uncovered the radio station when they were investigating a complaint of radio interference on East 19th Street back in March 2008. The agent not only followed the signal back to their second-floor apartment, but reportedly found an antenna on the top of the roof, according to an FCC spokesman. The building manager told them that the apartment in question belonged to Clerveau and Edwards, but the couple denied running a radio station out of their pad. Officials admitted that when they finally caught Clerveau at home, they could not find any radio equipment on the premises although the inspection took place after the FCC had sent the couple a letter and had made several attempts to visit the home. Clerveau and Edwards claimed that the unlicensed radio station was actually transmitting from across the street but could not provide any evidence, officials said. Nor could the FCC, who imposed the fine “absent of any other evidence that their agents were mistaken.”
Two times the charm.

AMPB LINKS ON THE WEB:

A list of FCC actions going back to 2003
http://www.fcc.gov/eb/FieldNotices/

Thirty Reasons Why Fox News is not Legit
http://mediamatters.org/columns/200910270002

Eight years later, people still want to know what happened.
http://www.911blogger.com/

Turn any youtube video into mp3 audio.
http://www.dirpy.com/

Capture that youtube video before it goes away.
http://www.kissyoutube.com/

Lots of interesting online stations here.
http://radio.indymedia.org/

Got a podcast? Upload it here.
http://www.radio4all.net/

Can you believe the government?
http://www.prisonplanet.com/

Find out what the major media companies own.
http://www.cjr.org/resources/index.php

The Pirate Radio Hall of Fame
http://www.offshoreradio.co.uk/

What’s a wobblie?
http://www.iww.org/

When the pirates took over radio
http://www.cnn.com/2009/SHOWBIZ/Music/11/12/pirate.radio.history/index.html

Re: following up (David Jolliffe)

admin — Mon, 17 Aug 2009 05:53:00 +0000

Hi Frank,

Here is the sponsor list of the shows you requested:

Bridging Heaven and Earth – Sponsored by James Baraz

Magic of Painting – Sponsored by Joey Williams

GenderVision – Sponsored by Imogen Binnie

Kids A Cookin – Sponsored by Freddy Cunningham

Link TV World Music Block – Sponsored by Freddy Cunningham

Link TV Explore TV – Sponsored by Tracey Quezada

American Songwriter – Sponsored by Jeff Kimmich

The Jook Joint – Sponsored by Ed Broussard

Appetite for Entertaining – Sponsored by Donald Bauer

The Reading Lady – Sponsored by Ken Moshesh

Down In Front – Sponsored by Moby Theobald

Green By Design – Sponsored by Berkeley Community Media

Garden Wise with Arlena – Sponsored by Berkeley Community Media

Political Chowder – NO LONGER AIRING

Hope this helps-
Best regards,
David Jolliffe

* * * * *

thanks, David, for the list of sponsors. But we still need to nail down the answer to The question of is there a policy of providing upon request the contact information of the local sponsor /producer of a show on B-TV. And if there is, what is the policy exactly? If there is not such a policy any more, when did it change and why? For years before every show on B-TV there was a notice: “THE SOLE RESPONSIBILITY OF THE CONTENT OF THE SHOW IS THAT OF THE LOCAL SPONSOR /PRODUCER. THE CONTACT INFORMATION OF THE SPONSOR /PRODUCER IS AVAILABLE UPON REQUEST.” I think the logic of this policy was the city and its third party non- profit agent BERKELEY COMMUNITY MEDIA as well as the cable company are prohibited “from exercising editorial control over content of programs carried on PEG channels and absolved them from liability for that content.” (Sec. 638, 639 – Baldwin, 407, 180; Roberts). So people should be able to talk to the local sponsors and producers about the content of the shows.

I see that BERKELEY COMMUNITY MEDIA is listed as the sponsor for two of the shows. This seems to violate the prohibition “from exercising editorial control over content of program.” how does this work? this is disturbing!

In Freedom,
Frank Moore

Re: Adult Content on East Side Program (Steve Zehentner)

admin — Mon, 17 Aug 2009 04:22:00 +0000

Hi Frank & Linda,

Yes we have the same issue with adult content that for Manhattan has to be played after 11pm. I wonder what Manhattan Neighborhood Network will say if anything about our Frank Moore intro – I guess some of the images are borderline!

Yesterday I turned the Frank Moore episodes in and they are scheduled to cablecast in Manhattan the next four Wednesday’s at 10:30pm on Manhattan Neighborhood Network on Channel 34

August 5, 12, 19, 26

The great thing is that the shows also stream live

http://www.mnn.org/

On left column, find Watch MNN live and click link for Channel 34.

You need Windows Media Player installed.

All for now.
Steve

* * * * *

well legally, according to the FCC rules, “adult content” can be played after ten pm. and legally local public access channels can not modify that. I had a year fight with first the Berkeley community Media and then the city council over that a few years back. First the board of directors tried to slip a rule that “adult content” [my show and Suzy Block’s show which I sponsor] must air after two a.m . but they reversed themselves when I showed up at the board meeting with a network television news crew! But then the city council got into the act and wanted to pushed us to after midnight [really most of them wanted to pushed us off the air but could not legally do that]. See http://www.eroplay.com/fmup2005/archive/censorship.html for a history of the fight. It was up hill all the way! They wanted a Frank Moore law! But they finally caved in!

what is ok in the day on the channel is very subjective, Depending on who is in charge. Like there was a punk /heavy metal cooking show in the middle of the day. Basically the guy had a bunch of his buddies over to his apartment for a back yard bar-b-q. They would get drunk as he cooked… Getting really baked! You can imagine the language! And the babes kept flashing their tits. All in the afternoon. A fun show! But if I did that in the middle of the afternoon…

In Freedom,
Frank Moore

Fw: sponsors of non-locally produced shows on BTV

admin — Sat, 01 Aug 2009 05:25:00 +0000

Hi David,

Arielle suggested that I talk further with you about this issue (see below) … I had written to Arielle requesting a list of the local resident sponsors of the non-locally produced shows that play on BTV. She said that she could not share that information with anyone except a BCM staff member. However, for years, we have listened to the disclaimer preceding our shows that air after 10pm, which said, “The content of the shows is the responsibility of the Berkeley sponsor … sponsor information is available upon request.” This is what we are going on in requesting this information. We still would like to know who the local Berkeley sponsors are for the non-locally produced shows which air on BTV. Thanks!

— Corey

* * * * *

Also, David, BTV has given out our info to people in the past who requested it.

— Corey

* * * * *

Please specify a program and I will find out for you.

Thanks,
David

* * * * *

got them nervous!

In Freedom,
Frank Moore

Re: frank’s follow up letter to bcm

admin — Sat, 01 Aug 2009 05:04:00 +0000

(Jen Wilson wrote:)

LOVE IT!!!! They are messing with the wrong dude!

* * * * *

make my day!

In Freedom,
Frank Moore

and my reply

admin — Sat, 01 Aug 2009 04:52:00 +0000

Hi, Mark. Thanks for writing back.

I am confused by your thinking that “the Brown Act prohibits Boards of Directors from conducting discussions as a group outside of their formal meeting structure with meetings noticed with an agenda.” The Brown Act is a part of the Sunshine movement. I am encouraged that you see the Board of Directors of Berkeley Community Media as a “legislative body” which is answerable to the residents of the Berkeley community. But I don’t think the Brown Act applies to this situation.

I invited you, and any of the board members and staff who are willing to be a part of a discussion about public access with me and other public access activists to be on my show. I was not inviting the Board to hold its meeting in any form on my show. I would be surprised [but happy] if anything close to the majority of the board members accepted my invitation. I hope the discussion will be in-depth, covering most of the issues. The discussion will be public, going out on the internet live. Then we will archive the discussion unedited and uncensored. Of course I will play the whole discussion unedited and uncensored on B-TV.

Clearly the below section of The Brown Act extremely powerfully states the act does not block such discussions

(c) Nothing in this section shall impose the requirements of this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a legislative body and any other person.
(2) The attendance of a majority of the members of a legislative body at a conference or similar gathering open to the public that involves a discussion of issues of general interest to the public or to public agencies of the type represented by the legislative body, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specified nature that is within the subject matter jurisdiction of the local agency. Nothing in this paragraph is intended to allow members of the public free admission to a conference or similar gathering at which the organizers have required other participants or registrants to pay fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a legislative body at an open and publicized meeting organized to address a topic of local community concern by a person or organization other than the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled program, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(4) The attendance of a majority of the members of a legislative body at an open and noticed meeting of another body of the local agency, provided that a majority of the members do not discuss among themselves, other than as part of the scheduled meeting, business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a majority of the members of a legislative body at a purely social or ceremonial occasion, provided that a majority of the members do not discuss among themselves business of a specific nature that is within the subject matter jurisdiction of the legislative body of the local agency.

So I hope you and the other board members and staff will reconsider and join the discussion that I am in the process of setting up as I write this. Or I would be happy to come to your next board meeting WITH MY VIDEO CAMERA to have this discussion.

Also I am puzzled by your saying: “Your letter did not address the concerns that you referred to so I am unable to give you any answers at this time, but I promise that the Board will look at any specific questions that you bring to our attention in the future.” I thought I outlined my concerns in detail… Maybe in too much detail! So I will include another copy of my original letter with this.

Looking forward to talking with you, Mark!

In Freedom,
Frank Moore

and it continues!

admin — Sat, 01 Aug 2009 04:50:00 +0000

the Board of Directors of Berkeley Community Media finally replied to my letter after about a month of trying to figure out an answer! Here it is:

July 13, 2009

Dear Mr. Moore,

Thank you for taking the time to communicate with the Berkeley Community Media (BCM) Board of Directors in your June letter. We really value the insight and ideas of the members/producers that we serve.

In regard to your invitation for the Board to join you on your show to field questions and or concerns that you have regarding BCM policies and procedures, the Brown Act prohibits Boards of Directors from conducting discussions as a group outside of their formal meeting structure with meetings noticed with an agenda. The Board has a process for addressing policy at BCM, and that business takes place within the structure of our regularly scheduled board meetings, and so we must respectfully decline the invitation.

Your letter did not address the concerns that you referred to so I am unable to give you any answers at this time, but I promise that the Board will look at any specific questions that you bring to our attention in the future.

Sincerely,

Mark Coplan, Chair – BCM Board of Directors

AND IN CASE YOU FORGOT MY ORIGINAL LETTER, IT IS BELOW [I WILL SEND YOU MY REPLY IN A MINUTE]:

Hi! I want to invite David Jolliffe, Arielle Elizabeth, and the board members of Berkeley Community Media to be on a show I am doing. In general the show will be about the philosophy of public access and the current move in California to shut the public access down. But we will also explore the new rules at B-tv. When I know who is interested in being on the show, I will set up a time for us to get together to shoot it.

A main reason why I am doing the show is the new rules confuse and disturb me. Maybe I should outline my concerns about the new rules and my understanding of public access. I know that Berkeley Community Media has other duties and responsibilities associated with running /maintaining Channel 33, the governmental /educational channel. I am only talking about our public access channel, Channel 28.

As I understand it, a public access channel is for the residents of the city to have an uncensored and free channel that will air tapes that they make themselves or like to sponsor so that others of their fellow citizens can be exposed to the content. Such a channel is the residents’ artistic, cultural, and political outlet, their soap box. As I understand it, Berkeley Community Media is the “third party“ which the city of Berkeley has administer our community public access channel, providing equal and easy access for the residents of Berkeley. So the “community“ of the community public access channel is the residents of the city of Berkeley, not just the members of Berkeley Community Media. So it is confusing when the members of BCM get special treatment, such as the new policy of

BCM will prioritize the scheduling of series in the following order:
1.) Series that are locally produced using BCM facilities and equipment.
2.) Series that are locally produced that do not use BCM facilities and equipment.
3.) Series that are made outside of the San Francisco Bay Area. These will be considered “Import” Series.

This seems to violate the equal access for the residents of Berkeley as proclaimed in BCM’s mission statement on the BCM web site. It makes sense to put the local programs made by Berkeley residents ahead of “import“ series, especially if there is a surge of programs filling up the schedule. Is there such a surge at the present time? But it does not make sense to penalize residents who don’t use BCM’s studio or equipment to create their own programs. That is unequal access.

When we asked about this, Arielle responded: “As Programming Coordinator, I personally feel that it is important that all producers should be treated equally. The new policies were written specifically to give all of us (including myself) guidelines on how programming will be scheduled. These policies are designed to promote fairness and equity among the entire membership. Nobody will get special treatment from now on.”

I assumed she meant all producers who belong to BCM will be treated equally and fairly. But the BCM members who use BCM’s studio and equipment will get special treatment. Again the community in the community public access channel is the residents of Berkeley, not the BCM membership. But even the BCM members who don’t use BCM’s studio and equipment will not be treated equally. Why penalize those of us who don’t use BCM’s studio or equipment? Granted, the running and maintaining of the studio and equipment is a big service that BCM provides. And requiring those who will use the studio and equipment to be members, to get trained, to volunteer to be on others’ crews, etc. makes sense. But in the world of camcorders, home computers, YOUTUBE, etc., it doesn’t make sense to penalize residents who create their shows outside of BCM’s studio on their own equipment. It doesn’t make sense to put blocks in the way of the residents to their channel. By encouraging people to create shows with their own equipment and computers it would open BCM’s studio and equipment to those who need the facilities to create their shows. It seems, if we do the math, it is not possible to produce enough shows to fill the 24/7 time slots in a studio that is only open a portion of the day. But encouraging residents who can create their own programs outside BCM’s studio would open b-tv up to the whole community. The whole community would be b-tv’s studio! This would make what happened in Los Angeles much harder to happen in Berkeley. In Los Angeles they shut down the public access by shutting down their studios.

I’m one of those residents who have created programs for b-tv for many years outside of BCM’s studio system, creating a platform for a wide range of community voices. I have donated to BCM over the years because I value BCM… I value public access. But I did not join BCM because I don’t use BCM’s facilities… And I am not a joiner. But when the new rules were leaked out and it was clear it was definitely a disadvantage in terms of keeping my time slots if I was not a BCM member, I became a member. Then it turned out it doesn’t matter because I don’t use BCM’s facilities. Obviously this is a case of different basic philosophies of community public access. I am eager to look at and explore the differences.
But it gets worse! According to the new policy outline:

“- All series producers will be required to have an active membership on file at Berkeley Community Media.”

This excludes at least ninety eight percent of the Berkeley residents. This hijacks our community channel. It turns our community channel into a private club… A members –only club. This is the exact opposite of what public access should be! The function of the Berkeley Community Media is to provide equal, free, and easy access for the residents of Berkeley to OUR community television channel. It is not its role to put blocks and fences between the residents and full access to our community channel. This is extremely disturbing and legally questionable. It creates a “have to belong to be played” reality… If not a pay-to-play proposition. If I hadn’t become a member, I would have lost my series… And more importantly I would have lost my right to have or sponsor a series on b-tv. This is not right, fair, or equal. This is not public access. And it raises all kinds of legal questions.

Moreover, as I understand it, legally the content of the shows that play on the public access channel is the sole responsibility of the resident who created/submitted/sponsored the shows. The courts have consistently ruled that the city and the body, be it the cable company or an organization such as BCM, that runs the public access channel may not restrict the contents of public access shows. This is a basic principle of public access. The city can decide not to have a public access channel. But if it decides to have one, it can’t restrict the content. The totality of this legal fire wall surprised even me! During my research for this, I went to the FCC’s official web site and found this:

“Federal law permitted a cable operator to prohibit the use of a PEG channel for programming which contained obscene material, sexually explicit conduct, indecency, nudity, or material soliciting or promoting unlawful conduct. However, The U.S. Supreme Court determined that this law was unconstitutional. Therefore, cable operators may not control the content of programming on public access channels with the exception that the cable operator may refuse to transmit a public access program, or a portion of the program, which the cable operator reasonably believes contains obscenity.”
from http://www.fcc.gov/mb/facts/pegfacts.html

So, with the exception of obscene material as defined by law, there is not room for restriction of content of public access shows. “Indecent“ shows must be aired between 10P.M. and 6A.M. Personally I always have felt more comfortable in the freedom of late night slots, even when most of the time, the content of the shows does not require late night slots. What is troublesome about the new rules is they appear to invade the content control of the resident producer /sponsor. Such invasion would be illegal, as I understand it. These invasions are not sexy. They are not focused on nudity, eroticism, or profanity. But they do appear to be designed to shape and control the content of the shows. For example, the new structure creates a two-tier system of kinds of series available.

Types of Series
1. Three Airs Per Week Series – A three airs per week series is available to producers who are consistently creating new content. This type of series airs no more than three times a week. Producers must submit at least six (6) new episodes of their program each season to be considered a three airs per week series. Producers must submit at least two (2) new episodes of their program at the beginning of each season in order to qualify as a weekly series.
2. One Air Per Week Series – A one air per week series is available to producers who sporadically create new content. This type of series airs no more than once a week. Producers must submit at least one (1) new episode of their program each season to be considered a one air per week series. Producers must submit at least three (3) old episodes of their program that they wish to replay throughout the season in order to qualify as a one air per week series.

As if this is not a clear enough attempt to control and shape the content of the shows, the new rules go on to define what new is new enough!

— New episodes for three airs per week series must be submitted every 45 days. A new episode is defined as a program that, in whole or in substantial part (75%), has not previously aired on Channel 28.

— A series will be cancelled if new episodes are not submitted in a timely manner.

— False identification of an episode as “new” will result in immediate cancellation of a series.

All of which is a very clear breach of the legal fire wall around the sole responsibility of the resident producer /sponsor for the content of her shows. Moreover the threat of immediate cancellation sets up a very disturbing power structure. The reason for this new, and probably illegal, rule is not at all clear. And this dreadful rule is being applied to residents who consistently are in fact creating programs for b-tv. So let us explore the reasons for, and the legality, of this rule.

There is a lot more we can explore on the show. So I will end. So when would be a good time for you guys to come over to tape the show? I am also sending this letter to the local newspapers because I believe that this warrants a deep community discussion. After all, b-tv is OUR community channel… Or at least it is supposed to be!

In Freedom,
Frank Moore
6/5/2009

Emailed 7/23/09 to:
David Jolliffe (Executive Director) & Arielle Elizabeth (Programming Coordinator)

Snailed to Current BCM Board Members 7/24/09:
Edmound Broussard
Oriana Saportas
Mark Coplan (Board Chair)
Moby Theobald
Crescent Diamond (Vice Chair)
Adnan Touma
Mitch Lerman (Treasurer)
Ed Young (Secretary)

In Freedom,
Frank Moore