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Sept 1st 2010
Questions for FPAC director Bill McColgan Francesca Cerutti-Harris was a witness to Bill McColgan and Harold J. Wolfe was a witness to Jim Rizoli. If you can answer some of these at our meeting fine if not please respond within a reasonable time fame (within 14 days) according to your rules.
Under Freedom of Speech Attached is a response from the FCC in regards to content for the record Email from the FCC to the Rizoli's. Dear Mr. Rizoli, The 1992 Cable Act gives state and local government's authority to require that the cable operator set aside one or more channels for PEG use. These channels may be used to transmit government activities, such as city council meetings, which may be of interest to local residents. PEG channels may also be used by members of the general public and for educational purposes. There is no explicit federal prohibition on content on PEG channels. In general, cable operators are not permitted to control the content of programming on PEG channels. Cable operators may impose non-content-based requirements, such as minimum production standards, and may mandate equipment user training. The 1992 Cable Act permitted cable operators to refuse to transmit some types of programming on public access channels. However, the U.S. Supreme Court has determined that a cable operator cannot refuse to transmit public access programming that contains indecency or nudity. 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. Representative Number : TSR35 THE PUBLIC AND BROADCASTING: How to Get the Most Service from Your Local Station Revised July 2008 Under what speech is protected P12 of that document Criticism, ridicule, and humor concerning individuals, groups, and institutions; The First Amendment's guarantee of freedom of speech similarly protects programming that stereotypes or may otherwise offend people with regard to their religion, race, national background, gender, or other characteristics. It also protects broadcasts that criticize or ridicule established customs and institutions, including the government and its officials. The Commission recognizes that, under our Constitution, people must be free to say things that the majority may abhor, not only what most people may find tolerable or congenial. However, if you are offended by a station's programming, we urge you to make your concerns known to the station licensee, in writing: www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html#_Toc202587 5 33 Thank you for your consideration of these questions Jim Rizoli |
On September 13, 2010, McColgan responds: |
Send comments to: hjw2001@gmail.com |