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Public Access Alternatives
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Public Access Alternatives
     By 06. 06. on Tuesday, July 18, 2006 - 8:03 pm: |
I received this e-mail and thought the issues were worth public discussion.
quote:Hi, We're in Akron, Ohio, where Rose Wilcher is fighting a lawsuit against Time Warner - going to appeals hearing this Thursday. ...we are wanting to buy our own channel, take public access away from local franchise owner, or find some other solution to getting our shows on the air! If you have information, please let one of us know! We are not able to air as many shows as we'd like since they are double dipping us -- charging
$25/show on top of the franchise money they already get, as well as not providing us with studio, training, equipment, for many years! It doesn't look like she'll win her appeal so we are seeking answers, strategies, and maybe becoming empowered by joining forces with other producers across the country, ... ?
Do you have ideas?
Personally I think the Wilcher V. litigation has a good chance of striking down the $25 access fee. In many communities, government regulated leased access, costs less than $25. The fact that such a fee would create a obviously discriminatory barrier to access for the poor or indigent isn't a fact the Supreme Court has ignored, or I anticipate will ignore. As I read the case law this fee would have to survive "strict scrutiny" and be proven to be not only urgently necessary, or the best solution to a problem, it would have to be demonstrated to not compromise equal and free-speech protections.
As for requiring a change in channel/franchise management, that is something you probably must petition a court to perform... if that request isn't part of the demands in the pending litigation, it probably should be. Considering the amount of money raised through the franchise tax, I don't think it can be reasonably argued, that there is no qualified organization capable of providing complete public access within that budget. I would argue that legal precedent, would require a judge to write new law, to allow a clearly incompetent Time Warner (claiming a need for a $25 fee) to continue to manage the substantial franchise revenue.
As for "buy our own channel" the case law would indicate that cable companies would individually be allowed to "substantially" set their own price for such access... at minimum "we as a buyer" would have to compete with commercial companies willing to pay quite a high price for market access through their own cable channel. There are some vagaries in the law, but I don't think there's much hope of getting (even by force) cable companies to put on channels that may steal eyeballs, and ad revenue dollars, from their commercial clients. Infomercials' certainly lose their value proportional to the amount of viewing choices offered.
Generally Speaking I would say the best option is to fight all the way to the Supreme Court, if necessary, to preserve the meaningful existence of public access television. I do have some ideas regarding how "public access" could be made commercially profitable, but frankly those ideas might have value as intellectual property and I don't wanna foolishly just give them away to big media crooks-- I'll wait till I find a nonprofit with the required seed money, that has an interest in developing the idea. Unfortunately hell will probably be frozen over by then. |
| By 06. 97... on Wednesday, July 19, 2006 - 1:05 am: |
| Thank you for your discussion around public access tv. I am told a group is trying to buy a DISH satellite channel instead. I am going to ask Rose Wilcher, who has the case, to join this discussion because she will go to court Thursday this week on her appeal. There is nothing new they can add to the case on appeal. However, she says that the franchise owner et al. asked the judge to drop the suit - the judge did not want to rule in this case. The judge ordered a mediation among the parties that never happened. There is a lot of things wrong. You are right that the public cannot afford these fees and Time Warner (Akron's) may want all producers off the air to turn the channel into commercial infomercials, if it appears that "no one uses the channel". Well, yeah, we can't afford their fee! |
| By 06. 06. 99... on Monday, July 24, 2006 - 6:43 pm: |
| My message got truncated... this is not all that I wrote. I'm sorry, I can't remember what all I posted, but am just finding my way back to your site. I see you have Akron's issues posted -- I will get back to you if I can, I am being overwhelmed by the electronic energy stopping my brain waves from being able to function properly, and this is my MAJOR message I am wanting publicized via public access tv, and will work to get others to please help me distribute this topic across the U.S. whether by public access or via the internet, such as web tv hosting, and my torture can be seen here: http://icsn2202.blip.tv This cannot be minimized; electronic weaponry being used IN EVERY FACET OF LIFE!!!! It is simply TOO URGENT TO HAVE THEM CUT OUR ACCESS OFF AND I AM THINKING IT IS WHY WE HAVE SO MANY PROBLEMS GETTING OUR SHOWS ON THE AIR -- THEY DO NOT WANT THE PUBLIC KNOWLEDGABLE ABOUT THE ELECTRONICS I AM BEING TORTURED AND PUT OUT OF COMMISSION BY!!!! |
| By 06. 06. 99... on Monday, July 24, 2006 - 6:43 pm: |
| If you do cable tv, public access, please distribute my videos, via your membership -- ANYWHERE IN THE USA! I need distributors on this VERY IMPORTANT ISSUE, as many people are dying due to high tech weapons. Suz, torture victim in the USA. |
| By 06. 99... on Monday, July 24, 2006 - 6:47 pm: |
| http://icsn2202.blip.tv has free videos I am trying to get to the public, to educate them about my high tech torture - this is real and every American or citizen on earth is being exposed to satellite weaponry, electromagnetics, acoustics, lasers or other high tech, covert, underground, secret war being perpetrated upon the US and other countries, to manipulate our minds, emotions, sensory systems, bodies, on and on... the ramifications are heinous! More links here: http://www.targeted.blogspot.com has educational links about high tech weapons, being sold via internet, underworld, military secret assassins, NOT conspiracy but backed by scientific journal articles I study at my university. Please contact me if you want to help. Suz, at icsn2202@yahoo.com[do_not_spam] |
| By 06. 98... on Monday, July 24, 2006 - 10:54 pm: |
| I would like more information about what you know about case law and surviving strict scrutiny. The reason for the $25 fee in Akron keep changing. Depending on who asks the question media or court and basically what day of the week it is. Somehow paying this $25 fee is insurance that tapes will not "accidently" be played at the wrong time. Also that no one will tape copywrited movies and air them on public access.There was NO reason given to the city when the fee was requested.However there is a clause in the franchise agreement that the city can't withold approval of any fee requests. This fee is also being imposed on suburban communities. The PEG producers were not even given 30 days notice of these changes. |
| By 06. 06. 2....... on Tuesday, July 25, 2006 - 3:41 pm: |
The Denver case, which I believe was cited in your legal papers, has an extensive explanation of strict scrutiny by Justice Kennedy. I think.... the concept is pretty simple, and basically provides that if a covered authority is attacking the practical "freedom" of a free-speech fourm, that "Such laws are presumptively invalid "and survive constitutional review only if they promote a "compelling interest" and employ "the least restrictive means to further the articulated interest."" As I see it, allowing time Warner to squander, preposterously, the funds already collected to provide for PEG access, is neither a "compelling interest" or "a least restrictive means". "Operating" a PEG Channel is not brain surgery or rocket science. I don't think it can be reasonably disputed that moderately skilled volunteers, with even meager computer technology, can accomplish the task of providing reasonable assurance (the insurance of a sanction) that time of day broadcast restrictions, as with all other legal restrictions, will be complied with.
Based on what the majority of the Supreme Court has said on this subject, I'm fairly confident they would not be sympathetic to Time Warner's "we need more money" argument. In the context of "common practice" throughout the United States, a $25 fee just can't be justified as anything else but an effort to destroy free-speech. |
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