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from: Committee on Energy and Commerce

NEWS RELEASE
Committee on Energy and Commerce
Rep. John D. Dingell, Chairman
For Immediate Release: January 15, 2007
Contact: Jodi Seth, 202-225-2927

Committee Leaders Applaud Michigan Court Decision to Block Comcast Public Programming Proposal

from: NY Daily News

Verizon deal could finally offer real competition in cable TV service

Wednesday, January 16th 2008, 4:00 AM

City officials spent Tuesday in secret talks with phone giant Verizon on a new franchise deal that could finally offer New Yorkers real competition in cable TV service.

from: BitchSlappin

The Telecomms, Lobbyists, State Government and Big Media
1/14/08

The small local independent papers are full of news that is NOT being picked up by Big Media, and when you put these pieces together it shows how broken things are. First are the stories about the big telecomms steamrolling into statehouses and buying state congressmen right and left, not to mention Governors, to get their state franchise legislation and deregulation pushed through, bad state legislation that trashes Public Access TV, lessens or trashes completely the ability for municipalities to control their own right of ways, allows the franchisees to cherry pick the areas they wish to serve, negates any oversight on the consumer complaint process, overrides current franchise agreements in place that provide access to libraries, schools and municipal government as part of the agreement, and all kinds of other giveaways. Then there are the stories of what has gone wrong in the states where state franchising exists.

from: Flint Talk

Area Producers Call for Action Against Comcast in Flint, Michigan

Sign the Petition at: Flint Talk

From Flint Talk, January 10, 2008

In light of Comcast CEO Robert L. Cohen’s refusal to consider Detroit-area Congressman John Dingell’s request to stop Comcast’s plan to move Public, Educational, and Governmental (PEG) channels to 900’s, Flint-area public access producers are organizing a boycott of Comcast beginning January 14th.

from: Business Briefcase

Wednesday, January 16, 2008
Secretary of State Handel Announces Implementation of Consumer Choice Television Act

Secretary of State Karen Handel today announced the implementation of the Consumer Choice Television Act (House Bill 227), which gives cable and/or video service providers the option to apply for a state-wide franchise license. The statute provides telecommunications companies a less restrictive process to offer cable and video services to Georgia counties and cities.

from: Wet Machine

Follow Up On MI PEG Lawsuit
by Harold Feld

So the judge heard the motion for a restraining order by Dearborn and Meridian to keep Comcast from migrating PEG channels to digital. 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. (You can find the opinion, the pleadings, and other useful information here.)

On the question of the definition of “basic tier” I raised in yesterday's post, the court 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.

A preliminary restraining order is not a final judgment. The court must make a determination on what arguments are “likely to prevail.” But the court may rule otherwise once the questions are fully briefed and argued. Hence, the “more likely than not” language.

But the courts findings produce some oddball results. By implication, at least so far, the court accepts that the obligation to offer a “basic tier” persists even after the FCC finds “effective competition.” But despite what I would think is fairly straightforward legislative language and strong legislative language, the court thinks it more likely than not that cable operators can treat the elements of the basic package in a different way from each other.

I expect fights over the basic package and the meaning of Section 623(b)(8) to become much more common, as cable operators try to migrate more popular programming to digital and look to stop carrying analog after the digital transition. For me, the real question is: “Will the FCC weigh in?” If so, when, and how? Under NCTA v. Brand X (yes, that Brand X), the FCC can weigh in at any time, since a decision by a court deciding the issue does not alter the deference due to the agency. So there's no rush for the FCC to assert jurisdiction on its own. Cable operators are rather unlikely to rush in and ask the FCC to start a rulemaking to preempt the states on this issue. So will someone else go to the FCC and ask them to resolve the issue? PEG supporters or local governments would be a logical choice, but they don't exactly have warm fuzzy feelings about this FCC Chairman given his willingness to preempt local franchise authorities to the detriment of PEG and local consumer protection. Especially given the outcome in Michigan (which buys time) and the possibility of Congressional help, I expect the PEG folks to wait and see what the new FCC looks like before going to the FCC.

Broadcasters might also look to get the FCC involved early, rather than wait for a situation to develop. But that seems unlikely. Still, if folks at PBS or folks representing the independent affiliates get spooked, or if problems develop in the field, we may see the broadcasters come in.

from: TV News Day

Comcast Can’t Move Local Channels, Judges Say
January 15, 2008

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.

from: Blogging Broadband

Comcast Blunders in TRO Argument on PEG

Litigation can be full of ironies. The federal temporary restraining order which prevents Comcast from migrating Michigan’s public, educational, and government access channels to the 900 range of the company’s lineup again proves the point.

Note: File under political payback. In the letter to Employees, AT&T president reminds employees that they owe King for helping to pass SB5, the first state-wide video franchise passed in the country - at AT&T's request.

from: Star Telegram

AT&T letter supporting King draws criticism

from: Ars technica

AT&T torpedoes its own stock, takes other telcos down too

By Jon Stokes | Published: January 09, 2008 - 11:22AM CT

When you're the CEO of a major telco addressing a room full of very jittery, subprime-weary financial analysts, and you respond to a question about the state of consumer spending by telling them all that you're having to disconnect customers because they can't afford to pay their landline and broadband bills, it's sort of like a theater-goer in a packed house responding to a question about "that smell" by shouting "Fire!"