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In the United States, public access is an alternative system of television which originated as a response to disenchantment with the commercial broadcasting system, and in order to fulfill some of the social potential of cable television. Public Access was created to provide a free-speech forum, open to all on a first-come, first-served basis without discrimination or favoritism based on content. It should be noted that the Public Broadcasting Service (PBS) is not public access television and has no official connection with PEG. PBS is funded publicly and by private grants and contributions, as well as an element of commercial sponsorship. PEG is funded by cable television companies through subscription fees, and also by private grants and contributions. PBS does not regularly provide free use of facilities to produce programming. In 1968 the Dale City, Virginia Jaycees’ Junior Chamber of Commerce operated the first community-operated closed-circuit television channel in the United States, when Cable TV Incorporated gave a channel to the public access center Dale City Television (DCTV), but the center failed two years later.
The FCC issued its Third Report and Ordercitation needed in 1972, which required all cable systems in the top 100 U.S. Television markets to provide three access-channels, one each for educational, local government, and public use, where if there was insufficient demand for three in a particular market, the cable companies could offer fewer channels, but at least one, and any group or individual wishing to use the channels was guaranteed at least five minutes free.citation needed The requirement was certified by the US Supreme Court in June, 1972 in United States v. Midwest Video Corp. The rule was amended in 1976 to include cable systems in communities with 3500 or more subscribers, and the cable companies had no discretion.citation needed In 1979 the US Supreme Court, in FCC v. Midwest Video Corp, set aside the FCC’s rules as beyond the agency’s jurisdiction. Senator Barry Goldwater The 1984 Cable Franchise Policy and Communications Act written by Senator Barry Goldwater, allowed local governments to require PEG channels, barred cable operators from exercising editorial control over content of programs carried on PEG channels, and absolved them from liability for that content.
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Congress passed the Cable Television Consumer Protection and Competition Act of 1992, which gave the FCC authority to create rules requiring cable operators to prohibit certain shows. The Alliance for Community Media and others brought suit, and in 1996 the U.S. Supreme Court held the law unconstitutional, in part because it required cable operators to act on behalf of the federal government to control expression based on content. Currently the Alliance for Community Media and others are focusing on operational challenges after new deregulation rules in various states are directly threatening PEG access. Public Access Television description taken from.