A. Bandwidth set-aside
B. Digital PEG
C. New Technologies (e.g., Video on Demand)
D. Narrowcasting
E. Web hosting and streaming media
F. Advanced, bi-directional links
G. Interactive PEG services
In addition to being long and complex documents, franchise agreements are often "etched in stone," in effect, lasting for up to a decade or more. But while the agreement itself is thus frozen in time, the cable platform continues to evolve in a number of important ways. First, what was once a simple, one-way system for the delivery of video programming is rapidly becoming a much more robust, two-way system, in which on-demand programming, interactive program guides, personal video recorders, and telephone service are all part of cable's varied offerings. And the platform continues to evolve, with the promise of a new cable modem standard (DOCSIS 2.0) that will vastly increase both upstream and downstream capacity (making video conferencing possible, for example), as well as new forms of interactive television, Internet-based video delivery, and wireless implementations (as cable strives to become a digital hub for both residences and businesses).
It is imperative, therefore, that cities take a longer-range view of franchise negotiations, ensuring not only that existing community needs are met, but incorporating provisions in the franchise agreement that will accommodate new and emerging technologies for PEG and public-interest benefit. A portion of the new video-on-demand servers might be reserved for locally produced programming, for example, and video conferencing might be devoted to community forums, or free public wireless hot-spots might be linked to the cable-provided institutional network (I-Net, discussed in Section V). And as Baller Herbst have observed, "The future of the Internet is so promising, that prudent communities would do well to obtain as much high-speed access to the Internet as possible during cable franchise negotiations."
Vermont (one of a handful of states, including Connecticut, Rhode Island, New Jersey, and Alaska, that regulates cable at the state level) has taken a big step toward bringing the PEG concept into the 21st century. Under its rewritten cable statute (Rule 8.000), revised by the Vermont Public Service Board in collaboration with the Department of Public Service, Vermont's cable operators, and the Vermont Access Network, "Vermont's community access cable management organizations (AMO's) can request public access to the commercial features of the cable network in order to meet community needs. In addition to the 32 analog video channels currently provided by Vermont cable providers to more than 100 communities across the state, Vermonters will be able to gain access to new services such as public meetings on demand, audio channels and HDTV quality coverage. Rule 8.000 also outlines a process for connecting Vermont's 25 access management organizations with a statewide public access network (currently under design)." Perhaps most importantly, Vermont has updated its definition of public, educational, and government (PEG) video programming to include voice, data, and video under the "PEG Content" rubric.
For its part, cable operators are wasting no time maximizing system resources and profits alike by converting their networks for full digital transmission. According to a January 2005 Cable Digital News report, "…the cable industry finally seems poised to start making its much-ballyhooed shift to an all-digital format for its core video product." Depending on the compression technologies employed, a single 6-MHz analog channel will yield anywhere from 8 to 12 standard-definition digital TV streams. As Comcast Chief Technology Officer David Fellows explains, "Once we have the digital signals up there, we can begin to take back the analog signals.… [E]very time we take one analog signal back, we can offer 12 channels in its place in standard-definition, three channels in its place in high-definition."
There is a real danger, however, in an all-digital future that effectively bypasses cable's traditional video-delivery platform in favor of a single pipe carrying all manner of content--voice, video, and data--in the form of indistinguishable ones and zeroes. In that "converged world" of Internet protocol (IP) transmission, both franchise fees and regulatory authority alike may become mere vestiges of an earlier era. "As technologies converge and services are delivered over a single platform," warns James N. Horwood in the Spring 2004 Community Media Review, "there will be unrelenting pressure from industry for comparable government treatment of all providers and for it to be for minimal government involvement. This will place cable franchise fees, and resources available for PEG, at great risk."
But while the future of telecommunications regulation is as difficult to predict as the ultimate outcome of the digital revolution itself, communities and their PEG operations would be wise adopt a more flexible stance in anticipation of the changes that lie ahead. In his "Cable Architecture, PEG, and the Public Interest" presentation (PowerPoint) at the 2004 Alliance for Community Media annual conference in Tampa, Andrew Afflerbach of Columbia Telecommunications Corporation offered valuable advice on the kind of flexibility that will be needed as cable enters the digital era:
1. Seek opportunities in digital conversion:
• New channels
--Open
--Closed (training, internal use)
• VOD
--Storage space
--Connection to headend
--Remote management of server
--Ability to upgrade
• Training
--Video--also XML, HTML, Java
• Studio Equipment
--Digital--also storage and streaming
• Hosting of Web content
2. Flexibility in production environment
• Low-cost cameras, PC storage, editing
--Home electronic media environment
• Outreach to schools, community organization, public libraries
--Use of facilities
--New generation of producers and participant organizations/advocates
3. Flexibility in distribution technology
• Traditional video channel
--Especially live
• On-Demand
--Menu-selectable archive
• Web
--Serves viewers without cable
--Quality improving
--TV tuners/DVR/Set-top converters beginning to have Web capability (off cable modem or DSL)
• Interactive technology
--Polling, audience participation, gaming
4. Flexibility in distribution outlets
• Internet video
• Other broadband carriers
--Programming accessed through cable modem, DSL, fiber, wireless, over-the-air
--May be the future for commercial programmers as well
5. Become part of IP video distribution environment
• Use of data network for video transport
• Currently in backbone at headends and hubs
--Full-motion broadcast-quality video
--Reduces equipment costs, maintenance, and staffing needs
--Interoperates well with video-on-demand system
--Storage, management, scalability
• Next step--video over cable modems
--As modems have greater bandwidth and quality guarantees
--Modem with set-top converter & TiVo functionality
• Video technologically indistinguishable from data or voice “information service”
• Full-motion broadcast video will be available over the public Internet
--Content can come from anywhere on the Internet
--Content can be presented on any broadband network connected to the Internet
• Technology makes video distribution platform independent--as long as there is enough bandwidth
--Cable system
--Best-quality DSL
--Fiber-to-the-premises
--Broadband wireless
--Satellite
6. Ensure yourself access through the Internet
• Work to ensure your content is carried freely on the Internet
--Network providers and ISPs can prioritize or block traffic or act as a toll gate
--Work for open access or seek to make sure you have some right to have viewers see you
--Partner with other programmers or networks to promote your content
• Facilitate content development from a wide range of producers and production facilities
• Make your channel network-agnostic
A. Bandwidth set-aside: The most important reason to express the PEG capacity requirement in terms of bandwidth rather than channels is that the former accommodates an array of noncommercial applications and services, including those that the eventual transition to an Internet protocol- (IP) based digital system will facilitate. Thus St. Paul defines "channel" and "programming" in such a way as to permit flexibility for future uses.
St. Paul's definition of "channel" and "programming":
300.(h).(2). The term "channel" refers to capacity sufficient to transmit a standard NTSC television signal (6 MHz), but the channel capacity so designated may be used by the city or its designees to transmit information to subscribers in any format. The term "program" or "programming" as used in relation to the PEG channels or institutional network is not limited to video programming and instead shall mean any signal, message, graphics, data, or communication content service or broadcast-type program. The term "regional access channel" refers to a channel that is utilized to show PEG programming that originates in other communities in the Twin Cities region, or programming of interest to the region (although such programming may also appear on any appropriate access channel, at the discretion of the person responsible for managing the channel). The city may take advantage of compression or other technologies to transmit multiple signals on any channel, should it choose to do so.
B. Digital PEG: While the transition from analog to digital (for both terrestrial broadcasters and for cable systems) remains a work in progress, it is important to ensure that PEG will not be left out of the digital loop. Accordingly, St. Paul's franchise includes a stipulation concerning digital PEG.
St. Paul's digital PEG provision:
300.(l). Miscellaneous PEG requirements.
300.(l).(1). The company is required to deliver the PEG channels to subscribers in an analog format unless and until all other channels on the system are delivered in a digital format, or until the city directs otherwise. Digital PEG access channels shall have the same bandwidth and transmission quality as is used to carry any of the commercial channels that deliver programming to the company in a similar format. At all times, the PEG access channels must be receivable by subscribers without special expense, other than the expense required to receive basic service. Designated entities have no obligation to provide a signal to the company in a digital format. If the city requests that its PEG access channels be converted to digital format before the company has converted all other channels to digital format, the city is responsible for the cost of converting such channels to digital format.
B.2. Portland's franchise also includes a digital PEG requirement:
7.2 (C) Digital Transition. In the event that, and at such time as Grantee Activates frequency spectrum on the Cable System for video digital transmissions on the Residential Network, then Grantee:
(1) shall carry both analog and digital format transmission Channels simultaneously of PEG Access Channels under Section 7.2(A) when more than fifty percent (50%) of the analog commercial Programming Channels are converted to digital transmission format; and
(2) may decommission analog format Channels of PEG Access when more than seventy-five percent (75%) of the commercial Programming Channels are converted to digital format transmission.
C. New technologies: Recognizing that the cable platform continues to evolve, Austin's franchise includes a provision for PEG channels' adoption of new technologies: "… In the event it becomes both technologically and economically feasible to provide over the same Channel video, audio, and/or data signals, Grantee will meet and discuss with the City those alternative uses for the PEG Channels." (section 4.5) More generally, Montgomery County's franchise features an advanced technology requirement.
Montgomery County's technology requirement:
6(c) Integration of Advancements in Technology.
(1) In addition to any upgrades required herein, it is the responsibility of the Franchisee to periodically upgrade its Cable System to integrate advancements in technology as may be required to meet the needs and interests of the community in light of the costs during the remaining term of the franchise.
(2) To ensure that the Franchisee is carrying out its responsibilities hereunder, the Franchisee shall be required to submit a report on cable technology to the County every three years during the Franchise term. Each report shall describe developments in cable technology, and whether, how, and by what date the Franchisee plans to incorporate those technological developments into the System. In addition, the report shall describe the effect of those developments on public, educational, and governmental use of the Cable System, and the effect and compatibility of those technological changes on consumer electronic equipment. The report also shall describe how other cable companies have incorporated or are planning to incorporate the technological developments into their Systems and the estimated timetable for doing so.
C.2. Among the new technologies that cable companies are currently introducing, video on demand (VOD) holds the most promise for PEG operations. VOD would allow the most popular (or the most important) PEG programming to be viewed at any time. In its protracted franchise negotiations, San Jose has requested space for PEG programming on Comcast's video-on-demand servers.
San Jose's PEG VOD request:
Advanced functions. The company will provide and maintain capacity for PEG Video on Demand up to 5% of the capacity of each server serving a portion of the franchise area. It will also provide and maintain the means for conveniently programming the servers from the PEG centers. The programming will be as accessible as commercial programming to viewers on all relevant parameters (number of users who can access the same program at the same time, etc.). It will provide menu access equivalent to the menu access provided for commercial programs, and provide bandwidth so that the process of ordering PEG programming and the quality of the programming delivered is equivalent to commercial programming. The company will similarly design its system so that PEG users can take advantage of the capabilities of the cable system.
D. Narrowcasting: Just as advanced cable systems permit the targeting of advertising to specific households (via Comcast's Spotlight, for example), so will they permit the "narrowcasting" of programming to specific geographic areas within a franchise region.
Portland's franchise includes a requirement for targeted broadcasting:
7.6(E) Narrowcast Capability. To the extent feasible given normal Cable System Upgrade design, Grantee shall use good faith efforts to re-configure the Cable System to allow Designated Access Providers to Narrowcast Programming to Subscribers within the specific geographic areas as set forth in Section 7.3(C) as such areas exist at the time of Upgrade construction. In addition, prior to completion of the Cable System Upgrade, all capabilities for Narrowcasting in place on the effective date of this Franchise shall be maintained, including, without limitation, the capability of MCTV to distribute programming from its Program origination site to:
(1) Each cable system with which the PEG Access Channels are Interconnected; and,
(2) The Institutional Network and any Institutional Subscriber location.
7.7 Pre-Upgrade Live Origination Capabilities. Prior to the Cable System Upgrade:
(A) MCTV shall have the use of one (1) Upstream and one (1) Downstream Channel on the Institutional Network and two (2) Upstream Channels on the Residential Network. The purpose of these Channels is to ensure that MCTV has sufficient capacity to transmit live Programming Signals from any point on the Cable System to Residential Subscribers. To the extent that the Grantee can provide MCTV the ability to transmit live Programming by other means, the Jurisdictions may reallocate these Channels upon request of the Grantee; and,
(B) Grantee shall provide the functional ability, through Interconnects or other means, for MCTV to cablecast the Multnomah County Commission meetings live on an Access Channel.
D.2. Additionally, Portland includes a requirement for "closed channel" (narrowcast) capacity on the upgraded cable network:
7.2 (B) Closed Channels. After the Cable System Upgrade required under this Franchise, Grantee shall provide the capability to scramble at least three (3) of the Downstream Channels referred to in Section 7.2 (A) to serve as either open Channels or Closed Channels at the Designated Access Provider's discretion to the extent allowed under Federal law. The coordination of the Closed Channels shall be made by the Jurisdictions participating in the Intergovernmental Agreement referenced in Section 2.2(A) of this Franchise. Upon completion of the Upgrade, Grantee shall provide the capability to scramble one (1) such channel at its own expense and may not credit the costs against Section 9.1 [i.e., 3 percent of gross revenues set aside for PEG access capital funding]. Upon the Jurisdictions' request, Grantee shall provide the capability to scramble the two (2) additional scrambled channels and may credit the Incremental, direct costs against Access Capital Costs provided under Section 9.1(C).
E. Web hosting and streaming media: Although modest by today's standards, Arlington County's Web hosting request reflects the importance of online communications as an adjunct to standard PEG video programming:
In addition, the Certificate Holder [i.e., franchisee] shall provide the CAC [Community Access Corporation, which manages public access channels], at no charge, with Web Hosting Service . . .
For purposes of this Section ___, "Web Hosting Service" means
(i) up to 25MB of capacity on Certificate Holder's server and up to 1 GB/month data transfer capacity for access by Internet users to such World Wide Web content as the CAC may submit to the Certificate Holder for that purpose; and
(ii) the Certificate Holder shall allow the CAC access to the SSL protocol, in the event that the CAC elects to develop the capability to support credit card and e-commerce transactions.
E.2. Portland has also considered including a broadband platform requirement, as follows:
(F) Broadband Platform. Grantee shall provide the Facilities and Capacity necessary to provide access to its Broadband Platform for PEG Access, at no charge. At a minimum, Grantee shall provide to Designated Access Providers an Activated interface, power, grounding and space to co-locate a web server and a video encoder at Grantee's Headend (server and encoder to be provided by the Access Providers). Grantee shall provide initial Capacity to transmit Access Channels and archived Access Programming at a minimum bit rate of 4 megabits per second. Grantee shall periodically review the adequacy of Capacity under Section ___(F) [i.e., this paragraph] upon request of the Jurisdictions, and shall cooperate in increasing the Capacity to meet community needs and technology advances. Grantee may not restrict use of the Capacity, other than restrictions necessary for network management that apply to all.
F. Advanced, bi-directional links: To ensure the maximum flexibility in PEG programming options, Monterey's franchise includes a requirement for advanced bi-directional links between PEG facilities and headend.
Monterey's requirement for bi-directional links:
7.1.E. The Grantee shall install, replace as necessary, and maintain a dedicated bi-directional link that conforms to EIA RS-250 medium haul transmission standards between the access center and the headend. The link shall be completed within twelve (12) months of the effective date of the Franchise, or the date the access center is completed, whichever is later. The dedicated bi-directional link shall be designed so that the access center can: (a) send signals to the headend on multiple channels simultaneously (b) receive signals from other locations on multiple channels simultaneously (c) remotely route signals originated at the access center or at other locations onto any access or institutional use channels on the cable system; and (d) otherwise control the signals to allow for smooth breaks, transitions, and insertion of station IDs and other material. The Grantee shall provide plant, headend, and access center equipment necessary to transport the audio and video signals from the access center to the headend for distribution over the cable system which may include, but not be limited to, laser transmitters, modulators, processors, and switchers.
F. The Grantee shall install, replace as necessary, and maintain a bidirectional link that conforms to EIA RS-250 medium haul transmission standards and all cable plant and headend equipment required to make it operable so that City Hall (specifically City Council Chambers) will be able to send signals to the Access Center or other locations on the cable system using a bi-directional link. The Grantee is obligated to provide a total of one (1) fixed laser transmitter/receiver, and one (1) channel modulator for use at this location. The link between the City Hall and the Access center shall be completed within twelve (12) months of the effective date of the Franchise, or the date the access center is completed, whichever is later.
G. Interactive PEG services: Although the advent of truly interactive television (ITV) has been slow in arriving, Austin's franchise includes a provision for the adoption of interactive PEG services.
Austin's interactive PEG provision:
4.9. If Grantee provides interactive analog or digital services in connection with other video services, including, if practicable, capability which will allow for the selection of programs on a daily basis, or on a program basis or for other periods shorter than a day, Grantee shall, at the City's request, cooperate in a six month trial project to provide comparable interactive services in connection with the programming on one PEG channel (selected by the City)….