COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

April 29, 2010

BOARD MEETING DATE:

May 11, 2010

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

James C. Porter, Director of Public Works

SUBJECT:

Public, Education, and Government Access Television for the Mid-Coast, Pescadero, and La Honda Areas

RECOMMENDATION:

Adopt a Resolution:

1.

Authorizing the President of the Board to execute the First Amendment to the Agreement Between San Mateo County and Mid-Coast Television, Inc. for Community Access Television Services; and

2.

Authorizing the Director of Public Works to send a notice of intent to Mid-Coast Television, Inc. that the existing Agreement for Public, Education, and Government Access services on the coastside will not automatically be extended for an additional three-year term; and

3.

Directing staff to prepare a Request for Proposals for public access television services on the coastside.

BACKGROUND:

The County has entered into cable franchise agreements with cable operators that require the broadcasting of Public, Education, and Government (PEG) access channels to their subscribers. On September 12,1995, the County entered into an Agreement with Mid-Coast Television, Inc. (MCTV), which designated MCTV as the PEG provider for the coastal areas (Moss Beach, Montara, El Granada, Princeton, Pescadero, and La Honda) and stipulated that a portion of the franchise fees collected within these areas be provided to MCTV to support the PEG channel. The City of Half Moon Bay maintains a similar agreement with MCTV.

The Agreement with MCTV automatically renews for additional three-year terms unless either party notifies the other not later than 90 days prior to the expiration of the three-year term. In addition to the original three-year term (1995 to 1998), the Agreement has automatically been renewed four times, in September 1998, September 2001, September 2004, and September 2007. It will automatically renew for an additional three-year term in September 2010 unless the County notifies MCTV that it does not wish to extend the Agreement for another three-year term.

Staff believes that this is an appropriate time to evaluate PEG access on the coastside in light of several factors, including: the current technology in the delivery of cable service; the renewal period as outlined in the Agreement; the County’s oversight responsibility for PEG services; Comcast’s vacation of their coastside office where MCTV is collocated; and the opportunity to explore shared services. The Finance and Operations Committee considered the issue of PEG Access on the coastside at their meeting on March 17, 2010 and their input has been incorporated into this Report. A copy of the Finance and Operations Committee Report is attached (Attachment A) and further outlines the factors listed above.

DISCUSSION:

The Amendment extends the current Agreement for one additional year with a termination date of September 11, 2011, while the remaining terms of the Agreement remain in full force. The Amendment has been executed by MCTV.

In accordance with the Agreement, the County must provide written notice to MCTV at least 90 days prior to the expiration of the Agreement or by June 11, 2010 for the automatic three-year renewal to not occur.

The City of Half Moon Bay plans to participate in an RFP process with the County for PEG Access. Staff will work collaboratively with the City of Half Moon Bay to draft the process and RFP for soliciting PEG Access on the coastside. The process will include a public input component to assure that input from the community in terms of PEG Access delivery and content is considered in the drafting of the RFP. We plan to bring a draft RFP to the Finance and Operations Committee for review and comment prior to issuance. The RFP process is anticipated to take approximately nine to twelve months to complete.

We believe that the Amendment allows adequate time for the RFP process and allows for an early termination should the full term of the Amendment not be required. The Amendment also allows for continuous PEG service during the RFP process. The RFP process provides an opportunity to evaluate all options for PEG services on the coast and will provide the County with an opportunity to compare proposals on such criteria as cost, program content, and community access.

County Counsel has reviewed and approved the Resolution and Amendment as to form.

Approval of this action will contribute to the Shared Vision 2025 outcome of a Collaborative Community by permitting the City of Half Moon Bay and the County to work together to evaluate the PEG Access needs and delivery of service on a regional basis for the coastside areas as well as the Pescadero and La Honda Areas.

FISCAL IMPACT:

The cost of the recommended action includes staff time to develop and complete the RFP process. The cost associated with this work would be paid for by the cable budget. Furthermore, staff proposes to include self-sufficiency as one of the RFP evaluation criteria, so that the respondents to the RFP would not expect to receive any type of County support. Therefore, we anticipate there will be no cost to the County general fund.

Attachment A –

Report to the Finance and Operations Committee, dated March 17, 2010 - Public, Education, and Government Access Television for the Mid-Coast, Pescadero, and La Honda