Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554

In the Matter of ) ) Annual Assessment of the Status of ) MB Docket No. 12-203 Competition in the Market for the ) Delivery of Video Programming )

COMMENTS OF People TV, Inc.

People TV, Inc. submits these comments in response to the above-captioned Notice oflnquiry

("NO!"), released July 20, 2012, seeking "data, information, and comment on the state of competition in the delivery of video programming."

People TV has provided the community access to media services and educational training for adults and youth for more than 32 years. Public access in Atlanta grew out of the Civil Rights movement and has been a grass roots organization used over the years to reach all of the diverse populations in metro

Atlanta.

I. How many channels does your MVPD operator( s) provide for PEG programming?

The City of Atlanta has two operators: and AT&TU-verse. Corneas! provides six channels to the

City for its use through 2016. The City's fire channel was taken back by Corneas! since the content requirements, as stipulated in the City's Franchise agreement, were not met. Corneas! now runs direct response advertising on the channel iu place of fire and public safety information. The "Consumer Choice for Television Act" passed by the Georgia legislature and effective July I, 2007 does not require AT&T

U-verse, defined as a video service provider, to provide PEG channels. There is no public access on AT&T

U-verse in the City of Atlanta.

2. On which tier are these channels placed and is extra equipment required to view them? The six channels from Corneas! are currently on the basic tier and require additional equipment for viewing. By Georgia law AT&T U-verse is able to require PEG channels to deliver their content at their own expense and

by their stipulated system of delivery and format. People TV does not have the financial resources to pay for

the infrastructure required to provide AT&T U-verse its channel.

3. Are there more or fewer PEG channels carried on MVPD systems than were carried as of June 20 I 0?

One less channel in Atlanta and no details from across the state of Georgia due to the change in the law.

4. What data sources exist to track the availability of PEG programming?

In Atlanta, Comcast does not accept program information from PEG channels. Program information made

available to customers by Comcast does not include PEG programming on the internet, television on-screen

guide, printed guides or lineup cards. The actual on-screen identification on channel24, People TV, has the

graphic Educational Programming.

5. Is there any evidence that AT&T's "Channel 99 PEG product" has hurt PEG viewership? Have

there been any consumer complaints about PEG accessibility on U-verse?

People TV is not on AT&T U-verse and no data or information has been shared.

6. Provide general information about PEG programming in your community. If applicable, explain

how cutbacks in financing, state law changes, new technology, and so on have affected PEG

programming in your community.

The state of Georgia passed State Video Franchising laws that went into effect July 1, 2007. The "Consumer

Choice for Television Act" changed the face of PEG in the state of Georgia. It created a new definition for telephone companies to be "video service providers" and eliminated having to provide similar infrastructure and services as cable companies did at the time. Comcast and all cable companies were strong supporters of the legislation.

The new law also eliminated PEG requirements for cable operators having a State Video Franchise

(SF A) and provided leverage in negotiating with local jurisdictions for Local Franchise Agreements (LFA) to eliminate providing channels and capital for equipment.

Comcast negotiated a seven year agreement with the City and as part of the agreement, there would no money over and beyond the 5% subscriber fees paid to the City except for a one time payout of$500,000 to the City. The City did allocate the dollars as funding to People TV by the increments of $300,000 for

20 10, $1 00,000 for 20 II and $100,000 for 2012. The City allocates all subscriber fees to the general fund for other purposes. With the elimination of the previous funding level, all grants for our youth education and social media programs were lost. The community development programs and adult education training classes had to be eliminated in order to keep content on the channel and provide analog studio equipment working for producers to use to their content.

The People TV, Inc. contract with the City expires December 31, 2012 and we are preparing for dissolution of the corporation at year's end. People TV created and submitted options for a community channel in the City and requested Mayor Kasim Reed to provide some means of local access to Atlanta residents. At the time of this submission, no decision has been made as to the future of public access or any community television for the City of Atlanta.

Respectfully Submitted

People TV, Inc. September 10,2012 ?' By~AJt4 ~~ JL Charlotte Engel CEO & General Manager 190 14'h Street, NW Atlanta, GA 30318 404-873-6712 X 20] [email protected]