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.

. . . if Time Warner successfully sues to get out of the franchise agreement with the City.

The following article “Court allows Texas Cable Industry to Challenge State Law” appeared in last week’s Austin American Statesman (Feb. 8, 2008).

Currently, the City’s franchise agreement with Time Warner Cable is set to expire in 2011.

Time Warner still owes more than $1 million in capital equipment funds for public access. If Time Warner gets out of the franchise agreement now, that money will be lost.

The following appears in today's Austin American Statesman (Feb. 8, 2008). This is potentially bad news for public access / community television in Texas. There are still several municipalities (like Austin and Dallas) who have existing franchise agreements that are grandfathered under the 2005 SB 5 legislation that eliminated municipal franchise agreements.

Take a look at this article:

Media Watch: The Incredible Disappearing Telecom Committee
http://austinchronicle.com/gyrobase/Issue/column?oid=oid%3A475833

Here is an earlier blog entry on this:
http://www.savetexasaccess.org/node/15

On Saturday, May 12, shop for garage sale treasures while supporting free speech and community media.

Come to Public Access Community Television’s Bizarre Bazaar.

Bizarre Bazaar: It’s more than a garage sale.

Join us for family fun and music. Performances by Lower 4th, A Story Of, and Double Blessings.

Tour the public access studios. Step up to the open mic and let your voice be heard on television.

Bizarre Bazaar is on Saturday, May 12, between 9:00 am to 5:00 pm.
Located at 1143 Northwestern Avenue in East Austin.

Call 478-8600, extension 10, for directions and more information.

Houston, TX -- Fred Fichman, Executive Director of Houston Media Source -- the public access TV station in Houston -- said today that he met with the Mayor's Deputy Chief of Staff, and other City officials in Houston, who verified that as of April 2008 there will be a major reduction in funding for both the public and government access TV channels.

In April 2008, the franchise agreement between Comcast and the City of Houston expires, and under Texas' two and a half year-old statewide video franchise law, Comcast will be allowed to apply for a statewide franchise certificate, essentially a permit.

Regarding earlier blog posts on San Antonio, Public Access, and AT&T, here are is link a guest column by Deanne Cuellar of Texas Media Empowerment Project that published in the San Antonio Current on April 10, 2007.
The Say-Town Lowdown – Guest Column

And here is a letter from AT&T in response, also in the San Antonio Current.
Letter To The Editor