Cable and Video Competition Law passes

On June 30, Gov. Blagojevich signed Senate Bill 678 into law. Included in that bill are two acts that impact cable television: “The Cable and Video Competition Law of 2007” and “The Cable and Video Customer Protection Law.”

This bill that passed is far superior to House Bill 1500, on which I commented back in March. A good overview of the bill is provided by the Illinois Municipal League.

Under this new legislation, a cable provider can choose to either get a local franchise license through the county or home rule municipality, or get a state franchise license through the Illinois Commerce Commission. However, even if the cable provider decides to get a state license, the bill provides adequate protection of and compensation to municipalities for the use of their rights-of-way.

Public, educational, and governmental (PEG) access is maintained in this bill (cable companies have to provide it), and the transmission of PEG programming must be transmitted to customers “at no cost to the local unit of government or the public, education, and government programming providers.” It’s also provided that PEG access must be available on the lowest programming tier (i.e., part of the most basic cable package) and have “equivalent visual and audio quality…from the viewing perspective of the subscriber, to that of commercial channels.”

The franchise fee paid to the municipality is set at 5% of gross revenues, which is the maximum allowed by federal law. But here’s an interesting item: the municipality can tack on another 1% of gross revenues “as support for public, education, and government access,” and the cable operator “may identify and collect the amount of the [PEG] programming support fee as a separate line item on the regular bill of each subscriber.” So don’t be surprised if that fee starts showing up on your bill someday — that will be the price you pay for having city council meetings broadcast on channel 22.

Telecommunications companies really win, though, when it comes to build-out requirements. Whereas under local franchise agreements, municipalities usually require cable companies to offer service to the whole municipality, this bill allows companies to target just part of a market area, as long as they meet certain requirements. The Illinois Municipal League explains it this way:

All of the requirements are outlined and can be summarized in the broad general sense — 35% within 3 years and if 15% of the customers sign up in that market area then they must build to 50% within 5 years. The requirements are based on local exchanges. The low-income requirements for service are in the bill, which are 30% in the area.

The bill makes it clear that a cable provider “is under no obligation to serve or provide access to an entire exchange or local unit of government.” But here’s something interesting. In section 21-1101(d)(1), it says this:

…if the holder [of a state franchise agreement] is an incumbent cable operator or any successor-in-interest company, it shall be obligated to provide access to cable or video services within the jurisdiction of a local unit of government at the same levels required by the local franchising authorities for that local unit of government….

So, that sounds like if Insight here in Peoria decided to get a state franchise, it would be required to continue providing service to the whole city. But not so fast — Insight likely wouldn’t be considered an “incumbent cable operator” under this law.

The Act defines “incumbent cable operator” as an entity “that provided cable services or video services in a particular area under a franchise agreement with a local unity of government…on January 1, 2007.” Insight has not had a franchise agreement with Peoria since April 2006 when the last agreement expired. The city has been negotiating a new franchise agreement ever since, but the two parties have not come to terms. So it’s very possible that Insight would not be subject to the “incumbent cable operator” provisions of the Act.

Added to the mix locally is the fact that Comcast is in the process of taking control of the cable system here from Insight, and nobody knows what their plans are. Peoria’s Corporation Counsel Randy Ray had this to say about the new law: “The new Bill changes the landscape. We do not yet know what course Comcast, which is purchasing from Insight will take. As we learn what is going to happen, we will share the information.”

On the positive side, this bill opens up the possibility that cable competition could come to Peoria (or part of Peoria, at least). Most likely this competition would come from AT&T, which already has its phone lines strung all over the city. Whoever wishes to get a state franchise license has to apply to the Illinois Commerce Commission (ICC), and the Act requires that the ICC publish those applications on its website within five days of receiving the application. So far, there have been no applications submitted.

From Middle Earth to Hogwarts

Lord of the RingsWhen the Lord of the Rings movies came out, I started reading Tolkien’s books at the same time. For the first two movies (Fellowship of the Ring, The Two Towers), I watched the movie first and then read the book, which was pretty cool. I loved how the book would give extra descriptions, extra scenes, extra characters when compared to the movies.

Then I made the mistake of reading Return of the King before I watched the movie. What a letdown. I mean, the movie was still cool and everything, but it departed from the book in some key ways (especially regarding the demise of Saruman and the scouring of the Shire). It was more fun to watch first and read later.

During the time I was reading Lord of the Rings, my uncle tried to get me interested in the Harry Potter series. I picked up the first book and tried to start reading it, but I just couldn’t get into it. I think it was mainly a timing issue. It’s hard to put Rowling up against Tolkien and not choose Tolkien (at least it was for me). So, I went on immersing myself in Middle Earth and never made the trip to Hogwarts.

So, what do you all think? Should I give Harry Potter another shot? Is the series a good read? Also, what do you think of the movies? Are they good representations of the books? Or should I watch the movies first and then read the books?

Don’t let the fences on I-74 overpasses fool you

Windshield picture courtesy WEEK-TV 25I’m sure you’ve heard by now. The Journal Star, Pantagraph, and WEEK.com (picture to the right is from WEEK) have all been reporting the latest Peoria homicide. This time the homicide was committed without a gun or knife, but with a cement block. From the Pantagraph:

Apparently, someone threw the brick just after 1 a.m. from the Broadway Street overpass, according to the Illinois State Police. Katrina Kelley, 26, was riding in the passenger seat of a westbound Cadillac driven by Todd Foster when the brick crashed through, hitting her chest.

The State Police and Peoria Police departments are both working on this case. This just goes to show you that those big fences on Peoria’s overpasses are no deterrent to the demented [expletive deleted] who think it’s funny to throw heavy objects onto unsuspecting motorists. My guess is the person was just out for his usual night of random vandalism and his extra-tiny pea-brain never considered the fact that a brick dropped/thrown/whatever from that height could kill somebody.

Please, please, please let the police catch the filthy vermin who did this and bring him to justice.

Is Peoria’s history getting a back seat?

However, we think the Tricentennial will have been a disappointment if some permanent memorial does not emerge from this year’s efforts. We’re not talking about a statue, for we have statues. We’re not talking about a riverfront green, or park, for we have those, too. We speak of a comprehensive history museum. We can think of no better way to “educate, communicate and celebrate” Peoria than through that museum, for it is impossible to appreciate how far we have come as a city and as a people without some knowledge of where we have been.

–Peoria Journal Star editorial, 9/13/1992

In the Beginning

From at least 1991 up through 2002, the talk and momentum for a downtown museum was concentrated on a “comprehensive” history museum. There was a lot of rhetoric — especially from the Journal Star Editorial Board — about the need for a museum that would showcase Peoria’s past.

It was the Peoria Historical Society that first suggested putting the museum on the Sears block, and they even hired a consultant to determine how big of a building they would need. In a May 19, 1998, Journal Star article, it was reported that LaPaglia and Associates, a museum consulting firm, had determined “a museum containing about 18,000 square feet of public space, including two 6,000-square-foot main exhibit halls, is the right size for the city.” Including offices and storage, the total museum size would be 33,000 square feet.

LaHood intervenes

Then in August 2000, Rep. Ray LaHood suggested combining a number of projects that were in the works at that time into one übermuseum. His reasoning? “There’s just not enough money in the community to fund a facility for each one of you,” he told stakeholders, according to an August 31, 2000, article in the Journal Star. In January 2002, the Historical Society, Lakeview, and others combined forces as LaHood suggested. (Incidentally, LaHood was correct about the funding limits, but it doesn’t appear that putting them all in the same building was the solution to that problem.)

Since the collaboration began, the history portion has gotten less and less press over time. After all, history is only a part of the “Peoria Regional Museum: Art, History, Science, Achievement” project now — not even getting top billing at that. And once the building designs came out, most of the focus shifted to the outside and how it would look.

History Takes a Back Seat?

But since the designs have changed and museum officials have directed the public’s attention to the inside again, I got to wondering what portion of the proposed Peoria Riverfront Museum would be devoted to Peoria’s history in the new, smaller space. I called the Peoria Historical Society to find out and spoke with Executive Director Amy Kelly.

History portion of museum

Ms. Kelly said that the area I’ve outlined in the above graphic is where the history portion of the museum will be, and that it’s the portion called “The Street.” It will be designed to look like a city street with changing exhibits.

The total area outlined in red above: 14,000 square feet. Notice that it will also be shared with an “international exhibitions gallery,” “fine and folk art galleries,” and the “AAHFM Oral History and Wall of Fame.” The museum collaboration group has not determined how much space will be allocated to each element, and the space allocated could even change fluidly. But even if the history portion got as much as a third of the space on average, that would only be about 4,667 square feet.

Is that enough space to adequately display Peoria’s rich history?

The Delta Approach

While Ms. Kelly didn’t go into detail on how the exhibits would be displayed and changed, I know from reading other sources that the museum consultants, White Oak Associates, have programmed the space using something called the “Delta approach“:

A museum designed for change is a Delta museum; art museums are inherently easy to change, but science centers have formerly required huge investments to throw out the old and buy entirely new units. Thinking of learning spaces as flexible platforms that are equipped to host a succession of changing experiences is part of the Delta museum concept that facilitates change in parallel ways to a theater’s ability to host a succession of plays. The Delta approach calls for a long-term experience platform in each learning space (geared for the architecture of the space, the particular learning skills and the selected thematic content), and a scenario layer that can be removed and replaced with the new content and visitor experiences relatively inexpensively.

Nevertheless, any system, no matter how “flexible,” has to take up some space, and only that much space is going to be on display at any one time. Will less than 5,000 square feet really give Peoria’s history its due to tourists and other one-time visitors? Remember that LaPaglia and Associates had suggested a history-only museum would need 18,000 square feet of public space — more than the entire exhibit area outlined above. Surely there has been no small amount of compromise to get that whittled down to what’s being proposed now.

Storing Peoria’s Treasures

Then there’s another question. What about storage? If pieces are frequently being swapped out in the “Delta approach,” where are all the artifacts being stored when they’re not on display? Answer: where they’re being stored now (i.e., primarily the Pettengill-Morron and John C. Flanagan museum houses) and the current Lakeview building.

That’s right. When the new museum opens, Lakeview is planning to hang on to its building at Lake and University to be used for storage because there’s not going to be enough storage space at the new museum. In particular, there’s not very much space planned in the new museum for special, climate-controlled storage of fragile pieces.

One wonders how the museum will be able to support a brand new $65 million museum as well as a lease, utilities, and maintenance on their old building as well. Lakeview’s lease on their current building is up in 2012, just a year after the new museum is slated to open on the old Sears block. Will they be able to afford to lease that building when they’ll be using it for nothing more than storage? And will the Park District want that building to become nothing more than a storage shed? If they don’t or can’t keep the building, where will the artifacts be stored?

The Money

And then there’s the money angle. The original “comprehensive history museum” planned for the Sears block had an estimated cost of $10 million in 2000. That would be roughly $12 million in 2007 dollars. The new, combined museum has an estimated cost of $65 million, of which just under $25 million has been raised in public and private funds. Museum officials are pinning their hopes on the New Market Tax Credits program to provide most of the extra funding they need.

My Humble Proposal

In light of all this, I think the solution to the problem is pretty clear. Since Lakeview Museum is going to have to keep their current building anyway, and since their new planetarium equipment is already installed in their current location, they should keep their arts and science museum right where it is at University and Lake. Then a separate museum could be built downtown — one devoted to history and achievement. The building could be reconfigured and the cost significantly lowered.

This plan still achieves LaHood’s goal of consolidation, but also leverages assets already owned by those in the collaboration group. After all, there’s no compelling reason to move an established museum like Lakeview — especially if including them in the museum collaboration threatens to scuttle the whole project because of the increased costs their inclusion brings. Plus, this plan would put the focus back on Peoria’s history, which was the original vision for the project in the first place.

Fewer teens having sex

The Journal Star ran an Associated Press story in its print edition today (you can read the same story online here in the NY Times) about how statistics show that fewer teens are having sex, and more of those who are sexually active are using condoms. Also, the birth rate for teens is down sharply.

It appears that abstinence-only sex education is having some positive effects.

The full 207-page report is available in PDF format by clicking here.

Say bye-bye to internet radio

Broken RecordUpdate: Seth Ben-Ezra has alerted me to some good news on this front from the Radio and Internet Newsletter. Thanks, Seth!

The Copyright Royalty Board decided in March of this year to triple royalty fees for internet radio stations, and the D. C. Court of Appeals today has denied the appeal of opponents of the new fee. Opponents are now urging people to call their congressmen and urge support of the Internet Radio Equality Act. But there’s no way that’s going to happen before these fees (which, incidentally, are retroactive to January 2006) take effect on Sunday, July 15.

Locally, that means WGLT, the jazz/blues NPR station out of Bloomington will likely stop webcasting next week. I haven’t heard what other stations may turn off their audio streaming once the new rates take effect, but the number and variety of internet radio channels will likely diminish precipitously.

It’s evidently the recording industry’s goal to alienate as many music lovers as possible. They’re succeeding.

Catholics: “We’re still the only true church”

This just in from the Vatican: the Pope says the Catholic Church is still the only “true” church. In a document released yesterday, he answered a few questions about the Catholic Church’s teaching, including this one:

Fifth Question: Why do the texts of the Council and those of the Magisterium since the Council not use the title of “Church” with regard to those Christian Communities born out of the Reformation of the sixteenth century?

Response: According to Catholic doctrine, these Communities do not enjoy apostolic succession in the sacrament of Orders, and are, therefore, deprived of a constitutive element of the Church. These ecclesial Communities which, specifically because of the absence of the sacramental priesthood, have not preserved the genuine and integral substance of the Eucharistic Mystery cannot, according to Catholic doctrine, be called “Churches” in the proper sense.

Protestants, naturally, have a different view (see also the Westminster Larger Catechism, questions 62-65).

The only ones really upset about this paper are those devoted to ecumenism (unity among all Christian churches), who apparently don’t mind if the Pope believes the Roman church is the only true church as long as he doesn’t talk about it (a rather postmodern sentiment).

Many (mostly conservative) Protestant denominations are not surprised or especially bothered by the Pope’s declaration because it’s nothing new or surprising; he’s simply reiterating Catholic dogma that’s been around for centuries.