Public, Educational and Governmental (“PEG”)

Over the past two decades Moss & Barnett has represented municipalities on a variety of cable television franchising issues.  Whenever a local cable franchise is negotiated, one of the key issues addressed is public, educational and governmental (“PEG”) programming.  Typically, a franchise will address not only channel capacity and capital funding but also connectivity to ensure live origination capacity or institutional network capacity is in place to facilitate the transmission of the programming.  Moss & Barnett regularly works with national PEG consultants to assist our clients in assessing future needs and interests associated with the rapidly changing technology requirements to provide high-quality PEG programming in the community.

Over the past decade cable operators have largely attempted to remove themselves from the production side of PEG programming and instead have provided capital funding to support municipal efforts.  As this evolution has taken place municipalities have struggled to determine the appropriate entity to provide the PEG programming.  Some communities have created separate non-profit organizations to address PEG programming while others have joined together in joint powers agreements to share capital resources and allow a single entity to provide programming for multiple jurisdictions.  Moss & Barnett has represented several municipalities in creating such joint powers agreements and the bylaws and articles of incorporation for the newly created PEG entities.  In fact, Moss & Barnett regularly attends meetings on behalf of several nonprofit PEG organizations to advise them on a variety of issues.

The issues Moss & Barnett has addressed with respect to PEG programming includes:

·                      Organizational structure of the PEG operating entity

·                      Drafting PEG operating rules and production requirements

·                      Drafting rules governing controversial programming

Moss & Barnett’s representation of PEG nonprofit entities also includes advice on a host of regulatory issues at both the state and federal level including potential threats to PEG programming from legislative initiatives brought by the large Bell operating companies, changing FCC regulations and the impact of recent case law.

Below please find presentation papers which address issues with respect to PEG programming and related matters.