-
Policy BriefUrge your members of Congress to support the Support the Protecting Community Television Act. Introduced by Sens. Ed Markey (D-Mass.) and Tammy Baldwin (D-Wisc.) and Reps. Anna Eshoo (D-Calif.) and Peter DeFazio (D-Ore.) in the previous Congress, the legislation would amend the Communications Act of 1934 to reverse the Federal Communication Commission’s (FCC) 2019 order requiring that cable-related, in-kind contributions be subjected to the statutory five percent franchise fee cap.Support the Protecting Community Television Act
-
Document
Support the Protecting Community Television Act
ACTION NEEDED:
Urge your members of Congress to support the Support the Protecting Community Television Act. Introduced by Sens. Ed Markey (D-Mass.) and Tammy Baldwin (D-Wisc.) and Reps. Anna Eshoo (D-Calif.) and Peter DeFazio (D-Ore.) in the previous Congress, the legislation would amend the Communications Act of 1934 to reverse the Federal Communication Commission’s (FCC) 2019 order requiring that cable-related, in-kind contributions be subjected to the statutory five percent franchise fee cap.
BACKGROUND:
On August 1, 2019, the FCC adopted a ruling usurping local franchising authority. Under the FCC rule, cable related, in-kind contributions required by local franchising authorities are considered a “franchise fee.”
Franchise fees are used by local governments to maintain public rights-of-ways used by cable companies. Local franchising authorities often require cable providers to offer in-kind contributions, such as public, educational and government (PEG) channels, as a condition to a franchise agreement. These in-kind contributions, including PEG channels, provide significant public benefits to communities, including transparency and accountability through access to local and regional government meetings; educational programming including for-credit courses; coverage of local events; local election coverage; candidate forums; and public safety programming.
By considering in-kind contributions a “franchise fee,” the order requires the expense incurred by cable operators providing PEG channels be subject to a statutory five percent franchise fee cap established under the Communications Act of 1934. Subjecting in-kind contributions to the franchise fee cap could contribute to a reduction of 30 to 40 percent in franchise fees, resulting in a significant drop in resources for PEG channels.
The rule, which went into effect on September 26, 2019, allows cable companies to deduct the fair market value of any services required by a franchise agreement. This could have a disproportionate impact on smaller communities, where the revenue generated from a cable TV channel is more valuable than that generated in a large urban area.
KEY TALKING POINTS:
-
It is critical that we work to maintain our PEG operations, which has provided critical information during the COVID-19 pandemic and helps the community engage in local matters for the public good.
-
As providers of essential community services, counties are deeply invested in maintaining community resources which local non-profits and community members rely upon to communicate with the public.
Urge your members of Congress to support the Support the Protecting Community Television Act. Introduced by Sens. Ed Markey (D-Mass.) and Tammy Baldwin (D-Wisc.) and Reps. Anna Eshoo (D-Calif.) and Peter DeFazio (D-Ore.) in the previous Congress, the legislation would amend the Communications Act of 1934 to reverse the Federal Communication Commission’s (FCC) 2019 order requiring that cable-related, in-kind contributions be subjected to the statutory five percent franchise fee cap.2023-01-31Policy Brief2023-01-31 -
ACTION NEEDED:
Urge your members of Congress to support the Support the Protecting Community Television Act. Introduced by Sens. Ed Markey (D-Mass.) and Tammy Baldwin (D-Wisc.) and Reps. Anna Eshoo (D-Calif.) and Peter DeFazio (D-Ore.) in the previous Congress, the legislation would amend the Communications Act of 1934 to reverse the Federal Communication Commission’s (FCC) 2019 order requiring that cable-related, in-kind contributions be subjected to the statutory five percent franchise fee cap.
BACKGROUND:
On August 1, 2019, the FCC adopted a ruling usurping local franchising authority. Under the FCC rule, cable related, in-kind contributions required by local franchising authorities are considered a “franchise fee.”
Franchise fees are used by local governments to maintain public rights-of-ways used by cable companies. Local franchising authorities often require cable providers to offer in-kind contributions, such as public, educational and government (PEG) channels, as a condition to a franchise agreement. These in-kind contributions, including PEG channels, provide significant public benefits to communities, including transparency and accountability through access to local and regional government meetings; educational programming including for-credit courses; coverage of local events; local election coverage; candidate forums; and public safety programming.
By considering in-kind contributions a “franchise fee,” the order requires the expense incurred by cable operators providing PEG channels be subject to a statutory five percent franchise fee cap established under the Communications Act of 1934. Subjecting in-kind contributions to the franchise fee cap could contribute to a reduction of 30 to 40 percent in franchise fees, resulting in a significant drop in resources for PEG channels.
The rule, which went into effect on September 26, 2019, allows cable companies to deduct the fair market value of any services required by a franchise agreement. This could have a disproportionate impact on smaller communities, where the revenue generated from a cable TV channel is more valuable than that generated in a large urban area.
KEY TALKING POINTS:
-
It is critical that we work to maintain our PEG operations, which has provided critical information during the COVID-19 pandemic and helps the community engage in local matters for the public good.
-
As providers of essential community services, counties are deeply invested in maintaining community resources which local non-profits and community members rely upon to communicate with the public.

About Seamus Dowdall (Full Bio)
Associate Legislative Director – Telecommunications & Technology
Seamus is the associate legislative director for telecommunications & technology on NACo's government affairs team.More from Seamus Dowdall
-
Webinar
Whole-of-State 2.0: A Tale of Two States and Counties
Mar. 9, 2023 , 1:00 pm – 2:00 pmUnable to attend? Watch the recording below. No matter where you are in your cybersecurity journey - you've probably heard of Whole-of-State. What does this mean for your jurisdiction? -
Webinar
NACo Cyberattack Simulation: Election Disruptions
Feb. 27, 2023 – Mar. 3, 2023Presented by the NACo County Tech Xchange and Professional Development Academy -
Webinar
Executive Perspectives on Preparing for an ERP Replacement Project
Feb. 22, 2023 , 3:00 pm – 4:00 pmUnable to attend? Watch the recording below. -
County News
‘When we’re not connected, we’re not safe,’ because buildings block radio
In a room packed with about 100 conference attendees, Guilford County, N.C. Commissioner Alan Perdue gave a powerful presentation Saturday morning on the importance of clear communication among emergency responders. -
-
Reports & Toolkits
NACo Technology Guide for County Leaders: Workforce
The NACo County Technology Advisory Council, with input from the Tech Xchange and the NACo Workforce Advisory Board, has developed a guide on workforce retention and recruitment for technology workers. This guide provides an overview, along with benefits and questions to consider in the technology recruitment and retention process
-
Webinar
NACo Cyberattack Simulation: Internet of Things
June 12, 2023 – June 16, 2023Presented by the NACo County Tech Xchange and Professional Development Academy06121:00 pm<p><em>Presented by the NACo County Tech Xchange and Professional Development Academy</em></p>
-
Webinar
NACo Cyberattack Simulation: Ransomware
September 11, 2023 – September 15, 2023Presented by the NACo County Tech Xchange and Professional Development Academy09111:00 pm<p><em>Presented by the NACo County Tech Xchange and Professional Development Academy</em></p>
-
Webinar
NACo Cyberattack Simulation: Employee Management
December 4, 2023 – December 8, 2023Presented by the NACo County Tech Xchange and Professional Development Academy12041:00 pm<p><em>Presented by the NACo County Tech Xchange and Professional Development Academy</em></p>
-
Basic page
County Tech Xchange
The NACo County Tech Xchange is an online portal designed to connect county CIOs, IT Directors, CISOs, and other county IT leadership. This portal provides valuable resources in a central location that counties can use to improve their overall technology infrastructure.pagepagepage<table border="1" cellpadding="1" cellspacing="1" style="width:100%" summary="call-out transparent">
<tbody>
<tr> -
Basic page
TestIT: How Fast is Your Broadband
NACo has partnered with the Local Initiatives Support Corporation (LISC) and the Rural Community Assistance Partnership (RCAP) to develop a mobile app designed to identify areas with low or no connectivity to help ensure adequate funding for broadband infrastructure is provided across the country.pagepagepage<table border="1" cellpadding="1" cellspacing="1" style="width:100%" summary="call-out">
<tbody>
<tr>
<td> -
Basic page
Telecommunications & Technology Steering Committee
All matters pertaining to telecommunications and technology policy, including, but not limited to, the county role as a telecommunications regulator, service provider, and consumer, cable services technology and implementation, information technology development and implementation, information technology innovation, e-governance, and geo-spatial data collection and utilization.pagepagepage<p>All matters pertaining to telecommunications and technology policy, including, but not limited to, the county role as a telecommunications regulator, service provider, and consumer, cable services technology and implementation, info
-
Reports & Toolkits
Implementing Infrastructure Investments at the County Level: The Bipartisan Infrastructure Law (P.L. 117-58)
As intergovernmental partners, counties play a key role in ensuring the successful interpretation and implementation of the BILReports & Toolkitsdocument100710:00 amReports & Toolkits<table border="1" cellpadding="1" cellspacing="1" style="width:100%" summary="call-out transparent jump">
<tbody>
<tr>
<td>
Contact
-
Associate Legislative Director – Telecommunications & Technology(202) 942-4212
Related News
-
County News‘When we’re not connected, we’re not safe,’ because buildings block radioFeb. 11, 2023
-
County NewsTikTok: It’s hip, it’s fun and it’s a security riskJan. 24, 2023
-
BlogData sharing paramount in modern county operationsDec. 16, 2022
Related Resources
-
VideoCIO Forum: RISE to the FutureFeb. 10, 2023
-
Reports & ToolkitsNACo Technology Guide for County Leaders: WorkforceFeb. 2, 2023
-
Policy BriefSupport the Deployment of Next Generation 911 BillJan. 31, 2023
Related Events
Upcoming Events
-
29Mar2023Webinar
County Strategies to Provide Supportive Housing for Familiar Faces
Mar. 29, 2023 , 2:00 pm – 3:00 pm -
5Apr2023Webinar
County Leaders Championing Justice Efforts in Local Communities
Apr. 5, 2023 , 2:00 pm – 3:00 pm -
6Apr2023Webinar
Reducing Jail Populations: Lowering Recidivism through Jail- and Community-Based Treatment and Services
Apr. 6, 2023 , 2:00 pm – 3:00 pm
More From
-
Outreach Toolkit for Counties: the FCC’s Affordable Connectivity Program
Through the FCC's Affordable Connectivity Program, counties have a central role in providing all residents with an equal chance to connect to high-speed internet in their homes.
Learn More