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Tampa, St. Pete Suing Bright House

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By ELLEN GEDALIUS, The Tampa Tribune

Published: November 17, 2007

TAMPA - Complaining that residents shouldn't have to pay an additional fee to watch government TV, Tampa filed a federal lawsuit Friday against Bright House Networks.

St. Petersburg filed a similar lawsuit the same day.

The lawsuits were prompted by Bright House's announcement that it will move public, education and government access channels from their existing spots on the dial. Bright House plans to move the channels Dec. 11.

The channels at issue air city council, county commission and school board meetings, as well as segments featuring government initiatives. Those channels currently are in the teens and 20s on the lineup; Bright House wants to move them into the 600s.

They also air education shows that offer homework help. Public access channels allow community members to create their own shows.

Bright House officials say they want to move the channels to satisfy customers who have complained about an inconsistent lineup from county to county. With the changes, a viewer in Pasco County, for example, will have the same channel lineup as a viewer in Hillsborough County.

Bright House has said public, government and education access channels will remain on the basic tier, but those who do not have digital cable service will be able to view the channels only if they pay $1 a month more for a converter box.
Tampa City Attorney David Smith says that runs afoul of federal law, which requires cable networks to place the channels on the lowest tier available. The city has a franchise agreement with Bright House.

"There's a legitimate concern that people without adequate means would not have an opportunity to watch their local government," Smith said. "We believe it is a good idea for the citizens of the city to have access to their government."

The city, in the lawsuit, asks the court to require Bright House to continue to provide public, educational and government access channels in the basic service tier. The city also asks the court to prohibit Bright House from charging its subscribers a fee for a converter box.

Steve Anderson, a Bright House attorney, said he is confident the company is legally allowed to change the channel lineup.

"To have a uniform alignment of channels in the entire region, some of these moves are necessary," Anderson said. "We don't think it's the place of the city to tell Bright House where the channels are to go.

"Channel alignment is Bright House's business."

Thirty-eight percent of Bright House and Verizon subscribers reported watching the city's government channel, according to a 2007 viewership survey of 601 subscribers.

Reporter Ellen Gedalius can be reached at (813) 259-7679 or egedalius@tampatrib.com.

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