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from: The Daily Telegram

Suit may block channel move

Friday, January 11, 2008 11:40 PM EST

Comcast plans to move the public, education and government channels from their current locations in the double digits to the 900s.

By David Panian

Daily Telegram Staff Writer

Beginning Tuesday, Comcast viewers who check channels 20, 22 and 23 for local information might have to instead check channels 902, 915 and 916.

Yes, channels in the 900s. Comcast customers with a converter box — the kind required to subscribe to digital channels, including premium channels like HBO — or a digital television will have no problem watching the local public, educational and governmental (PEG) channels, as they are called, after Comcast converts them to a digital format.

However, those who only get Comcast’s basic or expanded basic service will need to get a converter box if they like to check those channels for information such as trash collection dates and important phone numbers and educational programming from the Lenawee Intermediate School District. Comcast will provide one box per household for free for one year, but additional boxes will carry a rental fee. After one year, subscribers will have to pay for all of their boxes.

That is, unless a federal judge in Detroit issues a preliminary injunction against the move, as requested in a lawsuit filed Friday. The city of Dearborn, Meridian Township near Lansing and a Comcast basic tier subscriber from Haslett sued Comcast in U.S. District Court in Detroit, seeking a temporary restraining order and preliminary injunction against Comcast moving the channels from their current locations.

The lawsuit claims requiring a converter box would negatively affect the poor and elderly who cannot afford the rental fee and violates local franchises and federal law related to cable television.

“There is no significant harm to defendants from maintaining the status quo,” the suit reads. “Defendants, or their parent, continues to provide the PEG channels as part of the basic service tier in most of the country, and the maintenance of the status quo merely continues that predominant practice.”

“We believe this suit is without merit,” Patrick Paterno, director of communications for Comcast’s Michigan region, said in an e-mail. “The majority of our Michigan customers already enjoy our advanced digital programming and use digital equipment. Comcast will provide public, education and government programming to nearly all of our 1.3 million Michigan customers in a high-quality, digital format on the basic tier of service. These channels will be grouped together in a uniform fashion, making it easier for viewers to find them no matter where they are in the state. With changes like these, we will be able to offer more high-definition channels, more video-on-demand and faster broadband services while also helping our local communities meet their local access needs.”

The U.S. House Committee on Energy and Commerce, chaired by Rep. John Dingell, D-Dearborn, also plans to call a hearing involving representatives of the cable industry, PEG programmers and others regarding how PEG services are offered, committee spokeswoman Jodi Seth said.

Dingell, an author of the Communications Act that regulates the cable industry, raised concerns about Comcast’s decision to move the PEG channels in a letter to Comcast CEO Brian Roberts.

“Your intent to charge consumers as much as an additional $4.20 a month per television set to receive PEG channels is plainly inconsistent with Congressional intent that PEG channels be made available ‘at the lowest reasonable rate,’” Dingell wrote. “While I am sympathetic to your desire to provide additional services to your customers, it is important that you do so without denying my constituents reasonable access to the important programming provided by PEG channels and without treating PEG channels differently from local broadcast channels when both are required by statute to be part of Comcast’s basic tier of service.”

Roberts responded in a letter that Comcast’s decision is part of its efforts to compete with satellite TV services and TV services beginning to be offered by telephone companies. He said in the letter that satellite TV services do not offer PEG channels and that AT&T has been reluctant to do so.

“To compete effectively with (satellite) and with phone companies entering the business in Michigan, it is only fair that we have somewhat of a level playing field,” Roberts wrote.

Roberts also noted that Comcast believes it is in compliance with the Communications Act and the Cable Television Consumer Protection Act, which he said recognizes that customers may need equipment to receive basic service.

Larger communities often produce their own content for their PEG channels, such as city council meetings and high school sports broadcasts. The LISD is the only local PEG programmer that provides more than a community bulletin board on its channel. From 6 a.m. to 11 a.m. it shows NASA TV broadcasts and a variety of other educational programming and announcements. The channel is available to viewers in Adrian, Tecumseh and Madison Township.

To help viewers find the new channel, the LISD is having a contest from Tuesday to Jan. 21 where one word a day will be broadcast on channel 902 and on the LISD TV’s Web site at www.lisd.us/cemat/lisdtv902.aspx. An entry and rules form is available for download from that site. Viewers who descramble the seven words will win a prize from the Regional Educational Media Center Association of Michigan. Prizes include flash drives and gift certificates.

LISD media technician Sonja Sprague said there was concern about the LISD not broadcasting in digital, but she said Comcast will convert the district’s signal. Otherwise, the only concern is with the new channel’s location.

“We’ll be at 902, which will be past even the music (channels),” she said. “We’re hoping for the best. We’re looking at this as a positive.”

Adrian and Tecumseh city officials are skeptical that viewers will follow the channels to their new locations, especially if they don’t already have a converter box.

“I don’t think very many are going to (get a box to watch the PEG channels,” Adrian City Administrator Dane Nelson said. “Even those with boxes, I doubt they’ll look for those channels.

“Other cities with more involved channels … they’re pretty much losing their viewership overnight,” Nelson said.

“I don’t think it’s fair for those that do watch it (to have to get a converter box if they don’t have one),” Tecumseh City Manager Kevin Welch said.

This is the first time Adrian and Tecumseh have been at odds with Comcast. Nelson said Adrian and Comcast agreed through mediation on when franchise fees would be paid, but he said Comcast will not pay to upgrade the city’s PEG channel equipment. Nelson said the city’s complaint to the Michigan Public Service Commission has stalled because the legislature has not given the PSC rules on how to handle such disputes.

Adrian and Tecumseh officials were also unhappy about Comcast closing its Adrian office, which had been required by their local franchises, but it is no longer required by a new, statewide franchise. Instead, Comcast established bill payment locations at Village Coin, 100 S. Steer St. in Addison; The Party Shop, 110 S. Maumee St. in Tecumseh; Super Liquor III, 800 S. Main St. in Adrian; and One Stop Smoke Shop, 905 N. Main St. in Adrian.

Welch said the city no longer has access to a log of complaints received by Comcast. Instead, if someone calls city hall to complain about service, they are referred to Comcast at (888) 266-2278 or the PSC at (517) 241-6139.