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Tampa Yields To Court Ruling On Public Access Channels

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By CHRISTIAN M. WADE | The Tampa Tribune

Published: January 21, 2009

The city has decided not to appeal a federal court judge's ruling that Bright House Networks didn't violate the law by switching local government stations to a higher tier in the cable line-up.

Two years ago, Tampa and St. Petersburg filed companion lawsuits in U.S. District Court challenging the regional cable provider's decision to move public, education and government access, or PEG channels, from their existing spots on the dial.

Tampa officials, who have a franchise with Bright House, argued that that runs afoul of a federal law requiring cable networks to place the channels on the lowest tier available.

The PEG channels were in the teens and 20s on the network lineup; Bright House moved them into the 600s.

City officials asked the court to require Bright House to keep the channels in the basic service tier and prohibit Bright House from charging its subscribers a fee for a converter box that allows viewers to get the PEG channels, even if they don't have a digital cable service.

But last month Judge Susan C. Bucklew ruled in favor of Bright House on both lawsuits saying federal law didn't prohibit cable providers from moving the channels and charging customers more for converters. She found the cities legal arguments "unconvincing."

"Bright House Network's realignment of the PEG channels is an inevitable step in the transition from video signals delivered in analog form to ones delivered in digital," Bucklew wrote in the 10-page ruling.

Chief Assistant City Attorney Jerry Gewirtz said Tampa won't challenge that ruling.

"We have made a conscious decision not to appeal," he said. "So that's the end of it."

St. Petersburg City Attorney John Wolfe didn't return a phone calls seeking comment and it wasn't immediately clear if the city's legal team planned to appeal the ruling.

Bright House spokesman Joe Durkin welcomed the decision.

"Obviously we're pleased with the court's decision and expected this from the beginning," he said. "We want to move forward and continue serving the customers of the Tampa Bay area."

The channels air city council, county commission and school board meetings, as well as segments on government initiatives. They also air education shows that offer homework help. Public access channels allow community members to create their own shows.

The changes came ahead of a new federal communications law, which takes effect Feb. 17, requiring broadcasters across the nation to switch from analog to digital technology.

Reporter Christian M. Wade can be reached at (813) 259-7679.

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