Remote Controlled:   

The fight for public access in Indianapolis

Anyone remember promises of 6 public access channels in 1980?  Tamara O'Hearn wrote this excellent, full-length article in the July 15, 1999 issue of NUVO that covers how the City eliminated public access  TV, Public Access of Indianapolis'  battle to reinstate it, and Time Warner and Comcast's current opposition to even one channel -- a channel that wouldn't bring them revenue and over which they have no editorial control.

Also read the late Harrison Ullman's accompanying story, "Paying for Cable, Getting the Pacers," that details how cable subscribers subsidized the Pacers through cable TV franchise fees.   

Remote Controlled: The Fight for Public Access in Indianapolis

NUVO Newsweekly,
Cover Story July 15-22, 1999.
Pages 20-21

Imagine sitting on your couch. You are in the midst of channel surfing and you lock into a show that you've never seen before. Two hippies are playing guitar, pausing to comment on politics and goings-on in Indianapolis. They are downright gossipy at times, strumming chords and reading fictionalized letters written by local city officials, like Sue Anne or Bart, concerning real events: "Now here's a letter from Steve denying the recent Salmonella outbreak at the farmer's market last weekend. He claims the produce was not tainted and states unequivocally that "my mangos did not give me the runs."

Next, you tune into a dating service for animals called Pets Without Partners. The show features hamsters, snakes, lizards, birds, cats and dogs available for adoption. You haven't been to an animal shelter in years, but that angora guinea pig is kind of cute; maybe you will stop by this afternoon and prevent euthanasia. Then you discover a program on toxic waste dumping in the community, produced by a grass roots environmental group.

These programs are thought provoking, humorous and community focused, so why doesn't Indianapolis really have them? Because these programs would appear on public access channels, which were taken away from the citizens of Indianapolis in 1996. There are over 1,000 such media access centers around the country producing compelling programs, including Teen Moms Only, a Chicago-based program that won numerous national awards, as well as programs on the environment, illegal waste management and international issues.

Public access channels are sometimes viewed as "the redheaded stepchild of PEG television," according to Michael White, director of Community Access Television Services for Bloomington. "This label is just plain silly. Public access television is a marketplace of ideas and people need to communicate their ideas, through this venue, to neighbors and the community."

Cities generally have three types of channels: public, educational and government (PEG). Indianapolis has both a government and an education channel and at one time had a number of public access channels. However, in 1996, the Indianapolis City-County Council revised the City Code (Section 851-403) to no longer require public access TV on cable and approved new, 12-year franchise agreements with Comcast and Time Warner that excluded public access.
Public Access of Indiana (PAI), a non-profit group devoted to bringing public access television to Indianapolis, proposes to reestablish a public access television channel in 1999. Along with a new community media access center, PAI would provide a non-discriminatory means for community accessibility to non-commercial video production and cable casting.

Nick Hess, secretary and treasurer for PAI, comments that many cities, including Beech Grove, Speedway, Ft. Wayne, Bloomington and Richmond, "all provide the means for communities to share interests, information and ideas through public access TV."

White is less diplomatic about the status of public access in Indianapolis, stating, "Indianapolis is trying to be a world-class city, but they are, to use a basketball expression, clearly dropping the ball. The city that will be successful tomorrow is one that is technologically successful today." White adds that the same infrastructure supporting public access will be in place when technology makes it possible for the Internet to become available for video streaming, extending public access' outreach to the world.

The beauty of public access television, according to PAI President Andrea Price, is that it is "available to everyone, regardless of income or occupation, and training is available for citizens to operate taping and editing equipment in order to produce these shows."

White adds that public access benefits a city. "Public access TV is a pressure valve -- a way for people to let off steam. Everyone has an equal voice and no one is a stranger."

Opponents of public access argue that the combination of the education channel and Channel 16 -- the government access channel -- is sufficient to meet the needs of community television for the city. Channel 16 produces programs relating to local government, such as the City-County Council meetings. Hess responds that these programs, "like the education programs, are selected and controlled by the city. Conversely, public access TV works exclusively for the community; it is independent, non-commercial and cost effective to operate."

This contrasts the $28 per half hour fee that citizens would pay for air time on Comcast Channel 50, because it is a regular cable channel and not public access. And what does the community see on public access that they do not see anywhere else?  "Only 10,000 programs that would never be seen on commercial TV -- it's like having your hometown movies on television," according to White. He says that since the airing of Pets Without Partners  on the Bloomington PA channel a number of single pets have found partners. Thus, the number of animals euthanized has dropped significantly.

Pacers Kickback

A public access channel would be funded from excess cable TV franchise fees, for no additional cost to cable subscribers or cable operators. These fees are paid by the community, as part of an individual's monthly cable bill.

Franchise fees, which were raised from 3 percent to 5 percent of cable bills in 1996, are sizable: $3.6 million in total franchise fees (1998), and a remaining excess of $158,210 returned to the general fund. PAI requests that this surplus be used to fund public access. Currently, since there is no public access, $900,000 of the franchise fees goes to Channel 16, $1.12 million to the Capital Improvement Board (CIB) and the remaining to general revenue.

Mysteriously, from the $1.12 million dollars of franchise fees allocated to the CIB, $800,000 is paid directly to the Indiana Pacers. Therefore, every cable subscriber pays 50 cents of their cable bill to the Pacers corporation. (See Harrison Ullmann's sidebar for more information.)

Eric Mollberg, public access coordinator for Fort Wayne and the chair of the Central States Region (Indiana, Ohio, Kentucky and Michigan) for the Alliance for Community Media, states, "I do not know of a situation nationally where franchise fees or cable money dollars [from citizens], which goes to the city, then goes to a private enterprise. That is highly irregular." Furthermore, Mollberg explains that, "traditionally around the country, when a city receives a franchise fee of 5 percent or more, then 3 percent goes into general revenue, and the remaining 2 percent is given to public access when the city is supportive of it."

Franchise fees cost the cable subscriber $31.50 a year; it would seem that the community should have more say in where the money goes, or at least get free Pacers tickets.

Opponents Speak Out

Opponents to public access claim that the former public access channel was not successful, and that Indianapolis residents were not interested in having PA then, or now. However, a 1998 survey conducted by PAI reveals that 84 percent of the 600 customers surveyed think that having at least one local cable television channel openly available for use by the community for public access is of value, and 72 percent responded that a public access channel is important. (Indianapolis Cable Franchise Board Cable television Quality and Value Survey, December 1998, Harvard Information Services, Carmel, Ind.).

Cable companies have raised issues of censorship and channel utilization for public access. Shari Johnson, vice president of Community Relations for Time Warner states, "In theory, public access television is a great idea, but there needs to be responsible people running the channel. In the past, running a station at the most basic service level and no editorial control resulted in problems of content, and being able to show these programs to young children." Johnson adds that the no censorship policy leaves room for hate groups, such as the KKK and adult television, being shown during prime time.

PAI President Andrea Price disagrees, stating, "The notion of a no censorship policy succeeds in fanning the flames of fear for consumers." Price states that PAI created a set of community standards to eliminate questionable programming; any access channel, including those designated government and education channels, are not subject to censorship.

Public Relations Director Mark Apple of Comcast states that cable subscribers have other opinions about how they would like to see television channels utilized: "Customers would probably like to see the access space used for cable programs other than public access such as Fox News or Court TV." Apple suggests that channel space designated for public access could also be used for more attractive programming in the cable package, which results in more money for cable companies. However, both Johnson and Apple maintain that "money is not the main motivator" for cable companies.

Time Warner's Shari Johnson proposes that public access and the cable companies compromise, "with Channel 53 utilized for community programming. Currently Channel 53 produces 25 to 30 hours of local programming such as church groups, local music groups and local election results. Furthermore, programs with merit can receive sponsorship. If a program has no financial backing, then perhaps a portion of the franchise fees could be given towards Channel 53 programming, and then editorial control would be exercised between Channel 53 producers and the cable company. In this scenario, the cable franchise board would not have to reopen contract negotiations."

Price has a different view of Channel 53 , explaining that it is privately owned air time that must be purchased. She adds, "Forcing them [Channel 53] to do public access programming is wrong and one kind of channel does not take the place of another. Having Channel 53 for community programming defeats the purpose of what PAI is trying to do. Public access means having channels that cannot be controlled and programs that cannot be denied air time."

Price explains that by having public access and a media access center, PAI provides education on two fronts: "teach people how to use equipment and to effectively communicate their message. People would learn to be critical viewers of what they are seeing on TV -- media literacy. Public access TV gives community people autonomy, and community non-profit groups would benefit and be able to communicate their messages."

Price goes on to say, "When the City-County Council revised the City Code to no longer require public access, the cable companies could designate those channels for anything in the community, including infomercials and pay per view. This kind of programming is lucrative for cable companies."

The $300,000 question is whether PAI will gain approval from the city for public access funding. Carlton Curry, a city councilman and president of the Cable Franchise Board, states that it is "illegal to give PAI the available fourth channel for public access without renegotiating the 1996 franchise agreement." PAI requests the fourth channel, without renegotiating the existing contract, based on a 1997 court case that indicates a channel could be legally designated as a government or education channel, and then used for community programming. Neither PAI nor the city want to renegotiate the contract. First, it's expensive to hire lawyers. Even more importantly, the entire contract is then renegotiable.

According to PAI's Nick Hess, public access TV, "will be on the table" at the July 19 meeting of the Cable Franchise Board. If public access is not approved and funded this summer, then it will be at least nine years before public access can be approved by the city, since the contract with the city is valid for 12 years.

Councilman Carlton Curry states that if PAI's court transcripts are correct, then "the franchise board would be in a position to consider the fourth channel for public access TV." Curry admitted that he has never visited a public access station before, but that in the event a public access channel is feasible, he would be open to visiting the public access station in Bloomington with the president of PAI.

Public Input

The community has a role in whether there will be public access in Indianapolis, and those concerned citizens should contact PAI (317) 335-5272. The public is invited to attend the Cable Franchise Board meeting on July 19 in the City-County Building, room 260 at 2:30 p.m.

White suggests that if citizens want public access TV then they need to make their views known: "Show up at the franchise board meetings, paper trail them to death, talk to council members and let them know what you want. People on city boards who think basketball is more important than free speech need to wise up before it's too late."

(Graphics and photos not available online)

Copyright @ 1999 NUVO, Inc.

By Tamara O'Hearn

"It's not Wayne's World. It's Your World."

--Arlington (Va.) Community television motto

Once upon a time in Indianapolis, community television really mattered to the denizens of the kingdom. In 1980, American Cablevision of Indianapolis committed six channels to community programming, or what is known as public access television. Two channels, including one for minority programming, were additionally made available for leased access. In a euphoric moment the American Cablevision empire decreed: "As the people of ACI community awaken to the potential of community programming, the variety of formats and programming will expand."

Then, one day, the ACI pricked itself with a spinning needle, fell into a deep coma for many years and awoke to find its 10 full-time staffers and four media access centers covered with thorns. The curse that has fallen this once beautiful public access kingdom can only be broken by a city who awakens to reality and breaks the spell.