Step 6: Getting a Public Access Channel and/or Studio in a town without one.

Step 6a: Get the Franchise Agreement

Get a copy of the current franchise agreement from the city/town clerk. This is the contract between your cable provider and your town. You may have to file a FOIL (Freedom of Information Law) request, and they may charge you for reproduction costs.

Step 6b: Study the law

Federal regulations are very weak.

o 47 USC § 531 (1984 Cable Act). Does not mandate public access. Only requires that your local town *can* require it. About the only useful aspect of this law is 531(e) which prohibits editorial control of the cable provider. Cable channels for public, educational, or governmental use

Study the laws and regulations in your state. Every state is different. The example below is for New York State. To find the relevant laws and regulations in your state, go to the public law library which should be located in any state courthouse. Every county seat should have a state courthouse with a public access law library. (NOTE: if you locate this information for your state, send me the details and I'll post it here: Contact: Bill Huston bhuston@vegdot.org or 607-724-1755)

NY has some of best laws and regulations of any state.

A dedicated Public Access channel is required by NY State Regulations. Another channel must be set aside for Education and Government use. If your cable system has no public access channel at all, or a combined P+EG channel, it is not compliant.

In NY, cable companies are regulated by the Public Service Commission.

Many (most?) cable franchises in NY State are not compliant with public access regulations, and the PSC looks the other way. (Why!?) If your town is not compliant, you may want to file a petition with the PSC. You will need to send an original + 5 copies of the petition, proof of service and five copies of your Notice of Petition and Request for Initiation of Proceeding to the PSC. You may also want to petition your local city council, talk to your mayor or town supervisor, etc.

Public Service Law § 215 (2)(b) (requirement for public access), Public Service Law § 229 (prohibition or limitation of any type or class of public access program illegal) See the NY State Consolidated Laws, Public Service Law.

9 NYCRR 595.4: Call the Public Service Commission and ask them to send you a copy of "Subtitle R" which has other useful information about cable tv regulations which you may find helpful. Call the PSC's Municipal Assistance Section @ 518-474-2213: The Cable Municipal Assistance Section.

Unless specified in the franchise agreement, most cable providers only provide a playback deck. This means you have to supply shows on a videotape, which the provider will then cablecast. There is not a generally recognized right in NY State for studio access, and there is no way to make a live TV show. (This is the subject of a lawsuit currently in federal court, Huston v. Time Warner Entertainment, et. al.

NY regulations are likely to be weakened Voice your opinion at NYS Public Service Commission, before it's too late!

Step 6c: Study the Court Decisions

Step 6d: Seek all possible administrative Remedies

Step 6e: File a lawsuit

After you exhaust all administrative remedies, you may want to file a lawsuit, but you must study the law first! You can't sue unless you have discovered a legal right, and have suffered an injury. Study 42 USC 1983 and 1985 lawsuits as a possible remedy, also rights under First and 14th amendments. Also check for rights under your state constitution.