Download this newsletter as a PDF
View News & Notes Archive
News & Notes
Florida Local Governments File Suit Over PEG Channels
In the early winter, the Cities of St. Petersburg and Tampa filed suit, in federal court, against Bright House Networks, Case No. 8:07-CV-021505-T-24-MSS, seeking to prohibit it from moving the public, educational, and government channels ("PEG" channels") from the basic analog tier service to digital service. The move requires customers who wish to have PEG channel access to either upgrade from the basic tier service to the more expensive digital service tier or pay a monthly converter box fee in addition to the basic tier service cost. The cities argue that under the federal cable act, 47 U.S.C. 531, Bright House must provide PEG channel access on its basic tier service.
On January 18, Bright House responded to the allegations, arguing primarily three things: (1) the federal cable act allows Bright House to transmit PEG channels in a digital format on its lowest tier of cable service; (2) the Florida Consumer Choice Act of 2007 expressly authorizes Bright House to place its PEG channels on a digital tier and the law preempts local authority to require differently; and (3) because the local governments lost their franchising authority under last year's state legislation, they cannot enforce cable franchises or cablerelated provisions of local ordinances. No hearing date has been set yet. FAC staff is actively monitoring the progress of the litigation at this stage and is in contact with counsel of record.