Save Access

from: Save Texas Access

- For Immediate Release -

April 5, 2007

Public Access Community Television
1143 Northwestern Avenue
Austin, TX 78702
www.pactaustin.org
512-478-8600

Media Contact:
Stefan Wray, Communications Director, Ext. 13
stefanw@pactaustin.org

San Antonio Council Postpones Action On Public Access TV

Today, the San Antonio City Council postponed until next week action that may eliminate Public, Educational, and Government (PEG) access television, after Texas Media Empowerment Project activists highlighted possible contradictions with Texas’ two-year old video franchise law.

The Council’s agenda included item #23, “Agreement with AT&T to conduct testing for PEG carriage on its system,” that deals with a proposed ordinance authorizing an agreement for AT&T to test its U-Verse TV Service to carry PEG programming.

A “Request for Council Action” from Ben Gorzell, the head of San Antonio’s Finance Department, however, raises questions as to how the City is interpreting Texas’ state-wide video franchise law that passed the 79th Legislature as SB 5 in September 2005.

See: http://epay.sanantonio.gov/agendabuilder/RFCAMemo.aspx?RId=1345

Gorzell’s document leaves the impression that the City has the authority to determine whether AT&T or Time Warner Cable should have to carry PEG programming.

The document goes so far as to say: “The City could choose to not carry PEG channels on AT&T’s system. However, the City should then consider removing the requirement of its other cable providers in order to be consistent with our cable/video providers. . .”

This statement contradicts SB 5 and if implemented would effectively end PEG access television in San Antonio. Now incorporated into the Public Utility Regulatory Act, SB 5 states:

“The holder of a state-issued certificate of franchise authority shall provide no fewer than the number of PEG access channels a municipality has activated under the incumbent cable service provider's franchise agreement as of September 1, 2005.”

As per Texas law, AT&T, under a state franchise certificate, must carry the same number of PEG access channels as San Antonio had in September 2005.

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