A State-Level Public Affairs

Network For New York

Assembly Minority Leader

JOHN J. FASO

September 1998

Across the country nearly 20 states have some form of unedited television coverage of state government deliberations and public policy events. These state-level networks provide citizens access to unbiased information, and in the process raise the level of public understanding and civic involvement. Despite the fact that New York is often cited as the communications capital of the world, and our state government is one of the most activist, no such public affairs network exists here. For a time it did.

From 1986-1991 NY-SCAN operated effectively, before falling victim to disagreements between the legislature and governor. None of the principals who presided over NY-SCAN are still in office and this fact alone presents an opportunity to re-examine the prospects for a successor to NY-SCAN. The time to create a successor is long overdue, especially since states with much less developed communications infrastructure and similar information needs already have their networks in place. Kentucky, for example, has had one since 1978; Nebraska since 1984.

Nearly all the state-level networks can trace their origins and rationale to the highly successful, privately owned C-SPAN. Indeed, many of these networks are led by C-SPAN alumni who have long recognized the value of bringing the people’s business into the public’s family rooms. Besides the 19 state systems now operating, several other states have networks under development.

Issues

While the Empire State possesses a fertile environment for launching a public affairs network, a number of fundamental issues need to be addressed. First, the governor and legislative leaders must agree that the public needs and wants unbiased information about state government deliberations and public policy events. Second, if such a need is shown, how should the network be supported and financed? Third, how would the new entity obtain "dial location"? There is no single ‘best way" to put this network together; it depends heavily upon existing institutions and capacity. Establishment will also depend upon the receptivity of current leaders to give public affairs programs the public attention they deserve.

Fortunately, Governor Pataki and most state legislators recognize the value of communicating with their constituents. The popularity of member-originated radio and TV programs in both the Assembly and Senate reflects an underlying acceptance of television as an effective way to deliver a message and cultivate a positive image. A public affairs network could be a logical extension of that form of communication.

Financing a public affairs network can proceed in any of three ways: completely private (C-SPAN), purely public (Kentucky), or a public-private partnership, as is the case in Washington state. There the state legislature provided three years of baseline operating support and made it available contingent on continuing private-sector matching funds. Many other states’ networks are completely underwritten by cable television companies who recognize the value of reaching a "niche" audience (well educated, civic-minded, financially secure, action-oriented). As one cable executive put it, the audience for this programming may be narrow, but it is deep, i.e. it contains opinion leaders. Their civic influence if probably disproportionate to their raw numbers. These are precisely the people most elected officials want to influence. The public affairs network can be an inexpensive way to reach them.

The third and potentially the biggest issue to resolve is that of "dial location", that is, getting the cable industry to carry the service. In other states, there was initial resistance from cable operators who saw this type of programming as something other than a profit-center. Many saw it as a public service and benefit that was outside their mainstream business line. The success of C-SPAN and other "niche" cable channels (History Channel, Learning Channel, Discovery Channel) has changed this attitude from one of skepticism to one of acceptance. In some states, their networks are referred to as "the nonprofit arm of the cable industry." Generally, the largest cable companies have been the most supportive. Virtually every station executive surveyed for this report said that getting the cable TV industry, both operators and associations, involved is critical to establishing and growing the service. Some have indicated that current dial capacity is nearly full of channels. However, as TV broadcasting converts to digital, dial capacity will grow significantly from 77 to 200-plus channels, more than enough room to accommodate a public-affairs network.

Content

The content of public affairs channels typically includes unedited, non-commentary, gavel-to-gavel coverage of state legislative sessions; proceedings and hearings of legislative committees; and "created" or "produced" programming. Nearly all public affairs channels carry live proceedings as well as tape-delayed.

In a few states, channels carry non-legislative programs, such as court proceedings, news conferences by public officials and non-partisan groups, and public debates. Roughly half the state systems rely on staff and equipment located outside the legislature. The subcontractor could be a local public broadcasting station, such as WMHT, or a separate nonprofit entity like Inside Albany. Five states use staff and equipment within the legislative houses, and an equal number have a combined Inside/Outside operational setup. In California, the legislature largely creates the programming with its staff and equipment and sends it to a nonprofit entity, the California Channel, which uplinks and distributes it to cable systems around the state. The California Channel provides free airtime to statewide candidates, taped messages for broadcasting after Labor Day, and live gubernatorial debates.

The California and Pennsylvania Experience

As in most other states, there is no distance learning programming in California and no infomercials. Television shows of individual state legislators are not carried on the Cal Channel, but are carried on local cable systems. Like many other states, the Cal Channel was initially seen as competition for the public affairs audience by the Public Broadcasting System affiliates. But they are now accepted as just another "stop on the dial". In Washington state, all three branches of government are covered, as well as commissions and boards with regulatory powers. They even broadcast newsmaker interviews by the Seattle Post-Intelligencer newspaper editorial board.

Pennsylvania’s system (PCN) was an outgrowth of distance learning (tele-courses) that were offered for several years. Its programming is perhaps the most ambitious of any state’s, ranging from the popular Sunday evening "Homework Help Show", to its PCN Tours, which features visits to Pennsylvania factories that turn out motorcycles, Slinky toys and toboggans. PCN carries fourteen hours of programs daily with additional hours on weekends. Three hours a day of programming is educational and is partially financed by airing infomercials. No state funds are involved; a per subscriber fee is charged to cable operators in the Commonwealth who choose to carry the channel.

A New York Proposal: NYTV

Launching a New York version of C-SPAN is both desirable and feasible. The goal of this network (NYTV) would be to provide New Yorkers with increased access to unbiased, non-partisan information about state government deliberations and public policy events through unedited television coverage and other emerging technologies. Digital television, for example, will create significant space for new channels that cable operators will need to fill.

Finances

Minimizing governmental outlays by relying on other means of support – charging cable operators on a per subscriber basis; infomercials; foundation grants – would help keep governmental influence out of areas that the private sector is more than capable of providing in the public interest. It would also help insulate the network from undue governmental influence. However, we estimate a one-time $2.5 million General Fund appropriation would be necessary to purchase the equipment, hire the staff and enable NYTV to be up and running next year. The need for governmental funds should be significantly less in the "out years" as operating costs are expected to stabilize.

Governance

Governance of NYTV would be centered in a board of directors comprised of representatives of the cable industry. They would be responsible for selecting a president, who could not be affiliated with any cable television company. The president would have sole responsibility for producing programs and setting editorial policy. Moreover, there would be an appointed Advisory Board to NYTV

whose members would not be involved in regulation of the cable television industry. One member would be appointed by each of the following: the Governor the Temporary President of the Senate, the Speaker of the Assembly, the Minority Leaders of the Senate and Assembly, the Chief Judge of the Court of Appeals, and the Chancellor of the State University of New York.

This Advisory Board would make recommendations as to alternatives and approaches to programming to maintain its integrity and effectiveness. The Board would also review the programming goals and objectives of NYTV. The programming must be deemed to be educational and government access by nature and be made available to all the cable television companies and systems in New York State. Furthermore, any cable television company that makes available at least three channels for public or governmental access would be allowed to carry the programming on any of the channels.

The enabling legislation authorizes New York State or the public Service Commission to sell to NYTV the television equipment used by the former NY-SCAN upon terms and conditions agreed to by both parties. It also encourages NYTV to use the State University Satellite Television Network (SUNYSAT) facilities for transmission of the signal, but would not require such use. The Office of General Services (OGS) would be authorized to enter into contracts with NYTV to provide public educational and governmental access programming. NYTV would be a type B, not-for-profit corporation.

Conclusion

Building upon the NY-SCAN experience of our own state from 1986-1991, and of other states since then, a New York public affairs network is both needed and achievable. This year, $71 billion in taxpayer money is flowing through the Legislature, but there is very little unfiltered information about it that is reaching the public. It is time to let the sun shine into the cloistered halls of state government and enable our citizens to participate more fully. An informed citizenry is our best hope for generating positive change. The public’s business should be open and available to all the people.

In the following pages, view a state-by-state Summary of Televised Coverage of State Government prepared by Denny Heck of WTV (Seattle/Olympia WA) showing the programming, distribution, transmission and operations of services operating in 19 states. All but one (Ohio) carries this service on cable.

TVW’S STATE-BY-STATE SUMMARY
Television Coverage of State Government

Alaska -- Juneau PBS station KTOO provides about 14 hours per day of coverage of the Alaska legislature, distributed on a dedicated digital satellite channel to the majority of cable systems statewide. The state of Alaska has provided the digital encoder and receivers, but KTOO pays for the satellite channel and production costs with non-state funds, including a major grant from the City of Juneau.

California -- The California Senate and Assembly separately operate and staff production of proceedings. The signal is given to The California Channel, a nonprofit entity of the cable industry, which satellite uplinks the programming throughout California. Six and one-half hours per day are uplinked. The California Channel independently produces other types of government-related coverage including proceedings of state agencies, regulatory boards and public affairs specials.

Connecticut - The Connecticut legislature allows the West Hartford Community Access channel to produce two hours per week of selected gavel to gavel deliberations. The tape is reproduced and mailed to access channels throughout Connecticut. Discussions are currently underway in the Connecticut legislature regarding a significant expansion of coverage.

Florida -- After a plot project in 1996, the Florida legislature began full coverage in March of this year utilizing all in-house personnel. The signal is uplinked and continuously provided from 8 AM to 6 PM daily to cable systems throughout Florida.

Hawaii -- Hawaii's legislative coverage is produced by independent contractors under the supervision of legislative staff. The equipment is owned by the Olelo public access channel, which carries the programming throughout the island of Oahu on Oceanic Cable. Other islands received the programming on a tape-delayed basis. Begun with a pilot project in 1993, original programming in 1997 exceeded 250 hours.

Kansas - The Kansas legislature created TVK with all internal resources just this year. It currently offers tape delayed coverage of both House and Senate. Tapes are reproduced each evening and distributed to access channels statewide but agreements have been reached to uplink later in the year.

Kentucky - The Kentucky legislature contracts with KET, the statewide PBS network headquartered in Lexington. KET produces gavel to gavel coverage of the legislature, which appears on the cable system in the capitol, Frankfort. It also produces a daily synopsis of legislative action, which is broadcast over the air on its regular channel. KET has been producing coverage for nearly 20 years.

Massachusetts - The Massachusetts' legislature contracts with the PBS in Boston, WGBH, to provide gavel to gavel coverage. Operational since 1984, it is distributed statewide to cable systems. In 1996, more than 365 hours of programming was produced.

Michigan - MGTV is the name of the nonprofit arm of the cable industry producing unedited coverage of Michigan State government. Started in 1996, it currently covers executive branch boards and commissions such as the State Board of Education as well as oral arguments before the state supreme court. It is in the process of beginning gavel to gavel legislative coverage and is scheduled to begin uplinking later this year with substantial statewide coverage.

Minnesota - The Minnesota legislature has been providing gavel to gavel coverage since 1988, which it accomplishes strictly through in-house staff; the Senate and House are separate operations. The programming is distributed through a local PBS as well as being uplinked to cable systems throughout the state on a more limited scale. The 1997 legislature appropriated substantial funds for system upgrades. Minnesota's programming is closed captioned.

Nebraska - Nebraska's unicameral legislature is covered gavel to gavel by an arm of the Nebraska Educational Telecommunications Commission, Educable. The signal is uplinked to cable systems. Floor action only is covered. A daily synopsis is provided on the NETC's broadcast station. Nebraska has been in business since 1984.

New Jersey - The New Jersey Senate agreed in 1996 to allow for gavel to gavel coverage by CTN, a nonprofit arm of the cable industry with a substantial statewide distribution cable network. Discussions are underway with the House regarding possible coverage.

Nevada - Beginning in 1997, limited gavel to gavel proceedings of the Nevada Legislature were tape-delayed on cable by a public access channel in Carson with some replays in the Las Vegas area. Coverage provided included House and Senate floor action and limited committee hearings. The legislature also provided a closed circuit feed beginning in 1997. A Reno/Las Vegas PBS partnership also produced a 30-minute weekly summary of legislative activity.

Ohio - Ohio began providing closed circuit-only television coverage of the legislature in this year. Agreements are in hand in major communities (Cleveland, Cincinnati, and Columbus) for carriage on cable systems once certain copyright protection issues are resolved. The programming is produced by an agency of state government entitled The Capitol Square Review and Advisory Board.

Oregon - Oregon's legislature began providing gavel to gavel coverage this year through a TV production unit of the legislature's Information Systems, an arm of the Legislative Administration Committee. The programming is uplinked two hours per day on the state's Ed-Net system. Programming includes news conferences of the legislature and governor as well as legislative deliberations.

Pennsylvania - Since 1994, The Pennsylvania legislature has provided program feeds to the Pennsylvania Cable Network (PCN), a nonprofit arm of the cable industry. PCN is a 24-hour channel with up to 14 hours per day falling into the public affairs category including gavel to gavel state government coverage. Founded in 1979, PCN is carried in more than two million homes. Programming is uplinked. PCN produces a substantial amount of non-legislative programming, some of which is also gavel to gavel.

Rhode Island - Since 1984, Capitol TV, an arm of the legislature, has provided gavel to gavel of the legislature. It is distributed throughout Rhode Island on a statewide cable access channel. More than 70% of all homes receive the programming. In 1996, more than 1,000 hours of original programming was produced.

Texas - Texas started an in-house system last year that has expanded this year. Including both the House and Senate - separate operations - it is now carried all day long on the cable system in Austin. The Texas House of Representatives also provides LIVE audio feeds on the Internet of floor deliberations.

Washington - TVW is an unaffiliated nonprofit funded through legislative appropriation and private gifts. It provides unedited coverage of all three branches of state government. In 1996, TVW produced 1,400 hours of original programming. TVW transmits its programming 24 hours per day which is received in about two-thirds of all cabled homes statewide. Its programming, both audio and video, is also available on the Internet.

A Summary Table for Television Coverage of State Government follows.

SUMMARY TABLE

Chart courtesy of: TVW, P.O. Box 25, Olympia, WA 98507-0025; Phone: Office: 360-586-5555 Programming Hotline: 360-664-4TVW; FAX: 360-586-5678.

Chart Explanation

1 - Programming. This category covers areas of approach to programming.

2 - Produced. Indicates whether or not the operation regularly "creates" or carries produced programming in addition to unedited or strictly gavel-to-gavel programming.

3 - Non-legislative. Indicates whether or not programming regularly includes governmental deliberations outside the legislative branch.

4 - LIVE. Indicates whether or not programming is regularly LIVE.

5 - Tape Delayed. Indicates the channel regularly carries tape-delayed programming, whether or not it also provides LIVE programming.

6 - Distribution. These areas reveal how the programming ultimately is carried or finds a dial location.

7 - Closed Circuit. Indicates whether a closed circuit feed of the programming. This most frequently occurs on the capitol campus.

8 - Limited External. Indicates whether the programming is carried in households outside the capitol campus but on a limited basis such as just in the capital city.

9 - Significant External. Indicates there is substantial carriage of the programming on a statewide basis but not necessarily in all homes.

10 - Cable. Indicates the programming is carried on cable television systems.

11 - Broadcast. Indicates the programming is broadcast and available "over the air." Not necessarily mutually exclusive with cable.

12 - Transmission. This category reveals how the programming is transported to locations off the capitol campus and around the state, if appropriate.

13 - Satellite. Indicates whether or not the signal is satellite uplinked.

14 - Fiber Optic. Indicates long distance transmission of signal via fiber optic cable.

15 - Microwave. Indicates the use of microwave transmission (licensed and line of sight) to locations outside the immediate area.

16 - Other. Indicates alternative means of "transmission". May include "high end" examples such as use of the Internet or "low end" examples such as the mailing of dubbed tapes to local access sites.

17 - Operations. Indicates where the staff that creates and distributes the programming is located and employed.

18 - Inside. Indicates the staff and equipment is contained within the legislative environment.

19 - Outside. Indicates the staff and equipment is outside the legislative environment. Examples include subcontracting arrangements with a local PBS, or a separate nonprofit entity altogether.

20 - Combination. This indicates a combined Inside/Outside Operational regime. Examples include California where the legislature largely creates the programming with its staff and equipment and then sends the programming to a nonprofit, the California Channel, which uplinks and distributes it to cable systems.

21 - Engineering/Robotics. Indicates whether robotically controlled cameras are at least partially utilized.

For more information, corrections or additions on the chart above, please contact Denny Heck at 360-586-5555.

For more information on the NYTV report, please contact Harry Spector at 518-455-3756