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

Public Access Community Television, Inc., dba channelAustin, manages the City of Austin’s public access television studios, resources, and channels.