Save Texas Access

The combined impact of the new statewide franchising system and the restrictive parameters of federal law are a poison pill for community television and community media centers here in Texas, while similar disastrous scenarios are played out in many other states. But there’s hope.

Cable One to end free access broadcasts.

Read about it the Herald Democrat.

channelAustin learned today that Rep. Lloyd Doggett (D-TX) is now a sponsor of the Community Access Preservation Act, or CAP Act.

“This is great news for the ongoing development of community media everywhere,” said channelAustin Board of Directors co-chair Scott D. Roberts. “Austin's longtime support of community media will be greatly enhanced by Representative Doggett's support for this Act.” 

“I am thrilled to tears,” said channelAustin Board of Director member Deborah Hill. “Representative Doggett is championing the democratization of electronic citizen's communication.”

Austin, TX – City Council unanimously passed a resolution today supporting the passage of federal legislation to preserve Public, Educational, and Government (PEG) channels and funding. The resolution calls on Austin’s congressional delegation to take all possible action in support of such legislation by endorsing, co-sponsoring, and voting for it.

“PEG has proven to be an integral part of our local democratic process, making it easier for our residents to access local government – and to express their views via public access. It’s a vital and vibrant resource that’s worth protecting,” said Doug Matthews, Chief Communications Director for the City of Austin.

Austin, TX – channelAustin enthusiastically supports the Community Access Preservation (CAP) Act (H.R. 3745) introduced today by Representative Tammy Baldwin (D-WI).

If passed, the CAP Act will address some of the most crucial issues currently facing public, educational, and government (PEG) channels.

The City of Austin’s franchise agreement with Time Warner Cable expires in August 2011 and TWC will then opt for a statewide certificate of franchise authority.

“The CAP Act will eliminate a barrier that restricts the use of PEG monies,” said channelAustin Communications Director Stefan Wray. “The way the federal law now reads, PEG funds that Time Warner Cable will pay to the City after 2011 cannot go toward the operations of channelAustin, but only for capital equipment.”

Rep. Baldwin Introduces the CAP Act in Effort to Protect PEG Channels

Representative Tammy Baldwin (D-WI) introduced today the Community Access Preservation (CAP) Act of 2009 (H.R. 3745). The CAP Act addresses some of the most crucial issues currently facing public, educational, and government (PEG) channels. NATOA, along with the Alliance for Community Media (ACM), has been a strong supporter of Rep. Baldwin in her actions fighting to protect PEG channels.

Austin, TX – Today, US District Judge Lee Yeakel heard oral arguments for a summary judgment in a lawsuit brought by the Texas Cable Association against the Public Utility Commission of Texas (Texas Cable Association v. Smitherman, et al). TCA argued that the “Act Relating to Furthering Competition in the Communications Industry,” S.B. 5, 79th Leg., 2d Sess. (Texas 2005), violates federal and state constitutional and statutory law in that it discriminates against cable operators.

channelAustin supports arguments for the defendants – State of Texas, Grande Communications, AT&T, Verizon, and others – which stated that the TCA failed to demonstrate that maintaining municipal franchises is a substantial burden for incumbent cable providers like Time Warner Cable. channelAustin is pleased that the issue of Public Education and Government (PEG) operational funds was also raised in the arguments presented by defense attorneys. channelAustin understands that if the TCA prevails in their suit that Time Warner Cable will abrogate its franchise with the City of Austin immediately and no longer be required to provide earmarked funds for public access television operations. We are hopeful that Judge Yeakel will issue a ruling soon and that it will be in favor of the defendants and against the TCA and Time Warner Cable.

For additional background information see: http://www.channelaustin.org/content/texascableassociationlawsuithearingsetnov14

- Media Advisory -

October 20, 2008

channelAustin
1143 Northwestern Avenue, Austin, TX 78702
512-478-8600
www.channelaustin.org

Media Contact: Stefan Wray, 512-478-8600 x 13

Texas Cable Association Lawsuit Hearing Set for Nov. 14

Austin, TX – A Texas cable industry lawsuit now being litigated in US District Court could bring additional negative consequences to Texas public access television stations already hurting from a 2005 cable franchise law.

On November 14, 2008, US District Court Judge Lee Yeakel hears oral arguments for a summary judgment in a lawsuit brought by the Texas Cable Association against the Public Utility Commission of Texas (Texas Cable Association v. Smitherman, et al).

This case was on hold until the U.S. 5th Circuit Court of Appeals ruled in February 2008 that the cable association could move forward with its lawsuit.

TV Eye columnist Belinda Acosta wrote about the Texas Community Media Summit in this week's issue of the Austin Chronicle. See the TV Eye column The Best TV on the Block. She also wrote about the recent 5th Circuit Court decision that enables the Texas Cable Association to pursue a lawsuit to challenge SB 5, the state video law that eliminates municipal franchise agreements.

Austin, TX – The Texas Community Media Summit, hosted by channelAustin (aka Public Access Community Television), Dallas iMedia Network, Houston Media Source, and the Texas Media Empowerment Project will take place at 10 am on Saturday, March 1, at the University of Texas at Austin’s Texas Union. Organizers expect 150 to 200 people from across the state.

The Texas Community Media Summit will bring together Texas community media makers, stakeholders, activists, and advocates representing a full spectrum of community media: art, theater, print, radio, film, television, and Internet.