CABLE TELEVISION FACT
SHEET
PUBLIC, EDUCATIONAL,
AND GOVERNMENTAL ACCESS CHANNELS ("PEG CHANNELS")
Pursuant to Section 611 of the
Communications Act, local franchising authorities may require cable
operators to set aside channels for public, educational, or
governmental ("PEG") use.
Public
access channels are available for use by the general public. They are
usually administered either by the cable operator or by a third party
designated by the franchising authority.
Educational
access channels are used by educational institutions for educational
programming. Time on these channels is typically allocated by either
the franchising authority or the cable operator among local schools,
colleges and universities.
Governmental
access channels are used for programming by organs of local government.
In most jurisdictions, the franchising authority directly controls
these channels.
PEG channels
are not mandated by federal law, rather they are a right given to the
franchising authority, which it may choose to exercise. The decision
whether to require the cable operator to carry PEG channels is up to
the local franchising authority. If the franchise authority does
require PEG channels, that requirement will be set out in the franchise
agreement between the franchising authority and the cable operator.
Franchising
authorities may also require cable operators to set aside channels for
educational or governmental use on institutional networks; i.e.,
channels that are generally available only to institutions such as
schools, libraries, or government offices.
Franchising
authorities may require cable operators to provide services,
facilities, or equipment for the use of PEG channels.
In accordance
with applicable franchise agreements, local franchising authorities or
cable operators may adopt on their own, non-content-based rules
governing the use of PEG channels. For example:
- Rules may
be adopted for allocating time among competing applicants on a
reasonable basis other than the content of their programming.
- Minimum
production standards may be required.
- Users may
be required to undergo training.
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.
PEG channel
capacity which is not in use for its designated purpose may, with the
franchising authority's permission, be used by the cable operator to
provide other cable services. Franchising authorities are directed by
federal law to prescribe rules governing when such use is permitted.
For additional information:
Any questions
or comments about PEG channels on a particular system should be
directed to the cable operator or the local franchising authority, and
not to the Federal Communications Commission. The name and telephone
number of your franchising authority should appear on your cable bill,
or should be available through your cable operator. With very limited
exceptions, the Federal Communications Commission is not responsible
for enforcing the federal statute governing PEG channels.
