Public Access of Indianapolis' letter to the Cable Franchise Board protesting the (eventually successful) proposal to allow Fox Sports Midwest to use part of the Education Public Safety (EPS) access channel on Time Warner in Indianapolis.

Letter to the Indianapolis Cable Franchise on Fox Sports Midwest's Use of Indy's Just-Eliminated Public Access TV Channel  

October 24, 1997  

Chairman Carlton Curry:

We are concerned about the news that the Indiana Pacers' home games will be televised by Fox Sports Midwest using the cable access channel currently dedicated to programming for educational access and public safety in Indianapolis.

Like many other citizens of Indianapolis, Public Access of Indianapolis, Inc. members can see the value of having the Pacers' home games televised and we are in no way opposed to the commercial use of cable television by the Pacers, Fox Sports Midwest or any other business. We are, however, opposed to the elimination of the public's cable access channel and the effective transfer of some portion of it to Fox Sports Midwest in a matter of months by way of the Council's approval of increasing educational and public safety programming. What makes this more disconcerting is that there are several federally designated and mandated channels available, called Leased Access, at a reasonable commercial rate for business enterprises on both Time Warner of Indianapolis and Comcast of Indianapolis.

The United States District Court for the Southern District of New York stated in "Time Warner Cable of New York City vs. Bloomberg and the City of New York" that it is "inappropriate for the franchising authority to treat PEG [Public, Educational and Government access] channels as commodities to be traded to the highest bidder," and that the programming on such channels should be for access purposes. Commercial use of PEG channels violates the intent and purpose of the Congressional authorization of PEG access programming and raises the question of whose interests are being served -- particularly when there are more appropriate options available.

As you know, the new Educational-Public Safety (EPS) channel recently began operation with equipment funded by a $65,505.50 public purpose grant described in City-County Council Proposal #226, 1997 (retitled Special Resolution No. 44, 1997) using the former public access cable channel. Public Access of Indianapolis sought to stall approval of Proposal #226 until it included the use of that equipment in public access television. Proposal #226 was approved on May 19, 1997 by a vote of 23 yes, 4 no, and 2 abstaining.

In our role as a cable access advocacy group, we are concerned about the details of the deal made between Fox Sports Midwest, Local Government, the local cable operators and other parties. We would like to know if this arrangement includes using the equipment purchased with Proposal #226 money or the equipment, facilities and/or systems of the Institutional Network. If so, we would consider this a clear example of public monies used for private profit. We would also like to know how the Indianapolis community will be compensated for use of this community resource.

The inference from this agreement is that there is available capacity on the EPS channel.

Therefore, Chairman Curry, Public Access of Indianapolis requests that you oppose use of the community's scarce resources, this time in the form of money, equipment and a cable television access channel, to benefit private entities. Furthermore, we ask that you support re-designation of a portion of the EPS channel for use by the community as a public access channel -- if Fox Sports Midwest is being granted use of the community's access channel, surely the citizens of Indianapolis should be too. Lastly, we request disclosure of the details of the Fox Sports Midwest deal with the EPS channel.

Respectfully yours,

(signed)

Andrea Price

President

Public Access of Indianapolis, Inc.

ARP/arp

cc: Rick Maultra, Cable Communications Agency

     David Donaldson, ETC