Funferal

Comcast’s attacks on public access encounter setback

The Alliance for Community Media has issued a press release regarding a victory in a case between Comcast Communications and the City of San Jose. Comcast had sought an injunction to stall the cable franchise renewal process, charging that the city’s request for support for PEG cable access channels violated Comcast’s free speech rights.
The full release is below.

In a resounding victory for the City of San Jose, a federal district court in California ruled against Comcast Communications’ request for a preliminary injunction this week. The decision allows San Jose to continue its formal franchise renewal proceeding.
“This decision is not only a victory for San Jose, but a victory for community media and local government advocates across the nation. We have shown Comcast that we will stand up and fight,” said Bunnie Riedel, Alliance for Community Media executive director.
Comcast had sought the injunction in federal court in dispute of the city’s request for additional support for Public, Educational and Government (PEG) cable access channels and Institutional-Network (I-NET) requirements. The franchise renewal process began in 1998 with AT&T Corporation which has since been purchased by Comcast.
Comcast argued that San Jose was in violation of federal law through its proceeding and renewal demands. Comcast claimed that the proceeding would cause the company irreparable harm. Moreover, Comcast argued that the renewal proceeding was violating its constitutional rights to free speech and due process.
Magistrate Judge Richard Seeborg affirmed that San Jose was within its legal rights under the federal cable act and that Comcast failed to prove grounds for review based upon the requirements of the law. Furthermore, the Judge also denied that Comcast had shown any violation of its free speech and due process rights. Judge Seeborg said the City’s renewal requests are “content-neutral, serve the important government interests identified in the ‘Needs and Analysis Report’ provided to Comcast, and appear to be narrowly tailored to achieve these needs.”
On July 25, the Alliance for Community Media joined a coalition of public interest and local government organizations to file an Amicus Brief in support of the City of San Jose. The Court affirmed the positions taken in the brief, setting an important precedence for public interest advocates.