Judges: Comcast Can't Move Local Channels

JUDGES: COMCAST CAN'T MOVE LOCAL CHANNELS
[SOURCE: Associated Press]
A state judge and a federal judge have each ruled that Comcast cannot move community-access cable television channels higher up the dial and out of the reach of thousands of Michigan subscribers as it had hoped to do on Tuesday. Macomb County Chief Circuit Judge David Viviano's temporary order, issued Monday, could affect 400,000 Comcast customers statewide. A hearing is set Jan. 22 on whether the order should become permanent. The cable company planned to move PEG channels in Michigan into the 900 range, which would require subscribers to buy digital, cable-ready TVs or rent or buy a digital converter box for each analog set they own. Comcast, which had offered to provide customers with a free converter box for one year, said it was disappointed with the court ruling and was reviewing its options. The nation's largest cable provider wanted to move the PEG channels to free up bandwidth so it could offer other services, including high definition stations, to customers paying premium rates. A federal judge in Detroit issued a similar ruling late Monday in a lawsuit filed by Dearborn and Ingham County's Meridian Township. Lawyers for those communities argued that Comcast planned the change without consulting with the communities, violating state and federal laws. They said the communities would lose an important way of communicating with residents.
http://www.tvnewsday.com/articles/2008/01/15/daily.15/

* U.S. Judge Blocks Comcast’s PEG Move
http://www.multichannel.com/article/CA6522688.html?rssid=196
* Michigan Court Rules Against Comcast PEG Migration
http://www.multichannel.com/article/CA6522897.html

* Follow Up On MI PEG Lawsuit
[Commentary] The court issued the restraining order, finding that the towns were more likely than not to prevail on several of their issues, that Comcast would suffer no harm from the delay, but that the cities would potentially suffer irreparable harm if Comcast migrated the PEG channels to where most citizens couldn't see them. The court also found: 1) Nothing requires a cable operator to offer the basic package as all digital or all analog, so it is more likely than not that Comcast can migrate PEG to digital while keeping broadcast channels analog. 2) However, cable operators must offer the basic tier on equal terms. Requiring rental of additional equipment to get part of the basic tier therefore is more likely than not a violation of law.
http://www.wetmachine.com//item/999

* House Commerce Committee:
Chairman John Dingell (D-MI): "I commend the court’s decision to block Comcast’s plan to provide PEG channels in a digital format only. This proposal would have forced many Michigan consumers to pay additional fees to rent set-top boxes to receive the high-quality educational programming they are currently guaranteed with basic cable service. I commend the Mayor of Dearborn, John O’Reilly, for his leadership on this issue. The Committee on Energy and Commerce will be examining this matter thoroughly in coming weeks."

Rep Bart Stupak (D-MI), Chairman of the Subcommittee on Oversight and Investigations: "I am concerned that cable consumers are encountering barriers to receiving their public, education and government access channels. PEG channels serve an essential role in local communities and I was pleased to see the court block an effort to make these channels available only to digital cable subscribers. As media consolidation continues to increase, PEG channels become even more vital in providing a much needed local voice and diversity of opinion. The committee must make it clear to cable companies that we are serious about protecting access to PEG channel programming."

Rep. Ed Markey (D-MA), Chairman of the Subcommittee on Telecommunications and the Internet: "PEG services play an important role in promoting localism and diversity in national media policy. They provide vital and vibrant services in communities around the nation and foster civic access and involvement in the best traditions of our democracy."

The House Subcommittee on Telecommunications and the Internet will hold a January 29, 2008, hearing to explore the provision of public, educational and government (PEG) programming by video programming providers. While witnesses for the hearing will be announced at a future date, the Committee will likely invite representatives from industry and local government as well as those involved with the provision of PEG programming.
http://energycommerce.house.gov/Press_110/110nr173.shtml