Comcast Michigan Tentatively Settles PEG Lawsuit With Four Towns
Operator Would Continue to Deliver Channels in Analog and Pay $250,000

By Todd Spangler
Multichannel News

12/29/2009 2:13:35 PM

http://www.multichannel.com/article/441863-Comcast_Michigan_Tentatively_Settles_PEG_Lawsuit_With_Four_Towns.php


Comcast's Michigan division has reached an agreement in principle with 
four Detroit suburbs that had sued over its plan to move public, 
educational and governmental (PEG) channels to digital-only 
distribution, under which the cable operator would pay $250,000 to the 
communities and would continue to carry PEG channels in analog until its 
entire basic service tier is digital.

The four communities -- Dearborn, Meridian Township, Bloomfield Township 
and Warren -- sued Comcast in early 2008 in U.S. District Court for the 
Eastern District of Michigan to prevent the move of PEG channels to 
digital-only format with new channel positions. Comcast had argued the 
elimination of the analog versions of the channels would free up 
spectrum for additional services.

Under the settlement, disclosed in a Dec. 23 filing with the Federal 
Communications Commission, Comcast will continue to offer the PEG 
channels as part of the "B1" analog basic service tier, which comprises 
about 15 channels depending on community.

"Comcast has worked diligently with the four communities to resolve the 
dispute and we are pleased that an agreement in principle has been 
reached to end the litigation," Comcast vice president of public 
relations Mary Beth Halprin said in a statement. "That agreement will 
now work its way through the formal approval process of each of the 
communities."

According to the FCC filing, Meridian Township has agreed to the 
settlement, while Dearborn, Bloomfield Township and Warren will put the 
agreement to vote before their city councils and township board in early 
January.

The $250,000 is to be paid to Meridian Township for distribution to the 
other plaintiffs as may be agreed between them, according to Bill 
Irving, assistant corporation counsel for the city of Dearborn. The 
one-time payment is "not an offset against franchise fees or support for 
PEG" that Comcast is otherwise required to pay to any of the plaintiffs, 
Irving noted.

Among other things, under the settlement, Comcast also agrees to not 
change the current channel placement of PEG channels for two years.

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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