7 Texas Cities File For TRO Against Time Warner Cable

McAllen, TX—The Cities of McAllen, San Juan, Laredo, Brownsville, Corpus Christi, Edinburg and San Marcos have taken legal action against Time Warner Cable and its plan to digitize public, educational and governmental (PEG) channels in Texas, filing for a temporary restraining order in State District Court in Hidalgo County, Texas on Friday September 24, 2010.

This is in response to Time Warner Cable (TWC) announcing that it will stop providing PEG channels in an analog format on October 1, 2010 at which time it will solely provide these channels in a digital format. The company will continue, however, to provide other basic tier programming, including broadcast channels in an analog format. PEG channels would be moved to digital channels 135.12 and 135.17 to free up space for Time Warner Cable’s commercial interests.

As a result, on October 1, 2010, a TWC cable subscriber in Texas with analog equipment will be able to watch the PEG channels ONLY if the subscriber obtains additional cable equipment. The subscriber may also be subject to additional fees.

The plaintiffs contend that Time Warner Cable’s move would be in violation of franchise agreements and the Federal Cable Act. Each seek a temporary restraining order, and temporary and permanent injunctive relief prohibiting Time Warner Cable from implementing its PEG digitalization plan and prohibiting Time Warner Cable from recapturing PEG capacity for its own commercial uses.

The petition reads: “Those particularly affected will be the poor, the elderly, and others on limited income, who will not be able to afford the additional equipment, or who may have difficulty obtaining the equipment without additional fees.” Additionally, “these are also groups who may heavily depend on public services, and each of the Plaintiffs has a particular interest in being able to reach these groups via the cable system for educational and governmental programming.”

This court filing in Hidalgo County follows the McAllen Independent School District’s request for an emergency petition with the Federal Communications Commission asking the FCC to issue a standstill order to protect PEG channels.

Update: A short time after the lawsuit was filed, counsel for the coalition of cities and for Time Warner Cable entered into an agreement to delay the conversion until October 15, 2010. Thereafter, Time Warner Cable filed pleadings with the United States District Court for the Southern District of Texas—McAllen Division requesting that the state court lawsuit be removed to federal district court. If granted by a federal court judge, the state court lawsuit will be transferred. As of 2 pm (CDT), no court order granting Time Warner Cable’s removal request had been issued.

For more information, contact Miller & Van Eaton, P.L.L.C., at (202) 785-0600 or Michael Rodriguez with Colvin, Chaney Saenz & Rodriguez, L.L.P., (956) 542-7441