The recent FCC docket on public access provisions provides the Federal Government in general and the FCC in particular a choice as to whether it will safeguard our electronic democracy consistent with Federal Communications Law or whether it will ignore the fact that the airwaves and public rights of way belong to the people. If it does the latter, it will continue the erosion of our democracy by abdicating the means and manner of mass communication to entirely commercial interests who have no marketplace incentive to serve the public good.

The promise and purpose of broadcasting regulation from the get go was to “generate programming that elevates American Democracy and cultivates localized civil engagements with local public deliberation as the highest form of democratic engagement.”

After years of derelict regulation on the part of federal and state governments with respect to meeting the fully local communications needs of citizens, many including the Neville Chamberlains of institutional access, have forgotten this simple promise. This case before you illustrates one of many ways in which industry disregard for this important core value has placed the prospect of an engaged and healthy democratic society in great peril.

“To fully realize the educational and democratic value of PEG [public, educational & government access] programming, PEG channels must be as accessible as commercial basic channels and must not cost more, require different electronics equipment, or be more difficult to view. “And while we are at it, the same paradigm must apply to broadband access as technology advances.

“AT&T and Comcast have been illegally discriminating against PEG channels by creating substantial hurdles for viewers who wish to watch them. The FCC should clarify its existing rules and regulations, and state clearly that PEG channels must be placed on an equal footing with commercial basic channels in cable systems and in broadband applications.”

Even these rules will not go far enough if companies like AT&T, Comcast, Verizon and Time Warner continue to successfully lobby state legislatures and LFAs to diminish, de-fund or destroy PEG stations altogether using a siren song of fast broadband proliferation through deregulation as a carrot and a stick. The record already shows that this is clearly a trojan horse designed to confuse policy makers, short change the public and line the pockets of big telcos, cable companies and corrupt politicians. The deregulatory disaster of the “Chicago school” resulted in unacceptable concentration of media ownership and a paucity of viewpoints available to audiences. This tragedy of the commons threatens a healthy democracy. It is high time to abandon that road and restore the public interest to our national telecommunications policy. Supporting PEG operations is a good place to start.

In many communities, PEGs are the only non commercial local voices left where real public discourse can occur. The FCC and Congress must act quickly to establish a minimum national standard upon which PEG channels and Broadband Access can be made available by law to all citizens with equal access including technical and signal parity with dominant commercial interests.

At a time when local newspapers are failing and local voices are being shut down by special interests influenced by telco and cable dollars, and in venues where access is successful by reactionary and land development dollars, the same first amendment principles and doctrines that apply to public expression that exist on terra firma need to apply to “electronic parkland” known as PEG access and to “digital green space” fora online as well.

- Posted by Jay April, President and CEO of Akaku: Maui Community Television