Louisville Cable Action

Delivering Holiday Presents and Petitions: "Metro officials need to act now"

noreply@blogger.com (Anonymous) — Tue, 27 Dec 2005 03:00:00 -0500

December 22, 2005: Petitions calling for the City to hold a Special Review and other hearings and actions on the Louisville Cable Franchise were delivered to the Mayor and other Metro officials today. "These petitions call for immediate action by the City to hold a Special Review of all the issues we are petitioning for," said Eddie Davis, "including revoking the Carlyle - Insight franchise, renegotiating the franchise, rewriting the communications ordinances and stopping the giveaway of city communications powers to the State and Federal governments."

Mayor Abramson, Council President Barbara Shanklin, Contracts Ctte. Chair Councilman Jim King and Metro Public Works Director Jim Adkins or their representatives were all presented with petitions, said Mr. Davis. Plenty of holiday cheer accompanied the media democracy delegation as they made their rounds of City buildings, met with Metro staff to deliver petitions and shared the spirit of citizen activism. But there was a sense of urgency as well.

"Metro officials need to act now," said Mr. Davis. "With only a week remaining before Carlyle - Insight kicks WYCS off the basic cable package, the Cable Commission hasn't even met, and there has not been a review of the cable franchise as called for in the cable ordinance," said Mr. Davis. "The City is just giving in to the State's threat of double taxation on the revenue plan beginning December 31, and they are not even lobbying Congress about the new Federal legislation which is coming down the pike to strip municipalities of franchise authority. "

"This situation has been brewing for months now, and the City has done nothing, so it is time for citizen action, and petitions are one way to get started," said Mr. Davis, representing a broad range of citizen organizations and individual petitioner."But this is just the beginning." Community groups are expanding the petition drive to websites, neighborhood sign up spots in stores and community centers "and outreach to other communities around the country facing similar problems with Carlyle, Insight and Comcast." Community groups will be issuing new petitions and activities representing different community interests, said Mr. Davis.

The petition can be found online for now at http://petitionspot.com/petitions/cable .

"And when we start getting active, we are also learning about working with the media, creating the kind of media situation which would really serve the community," said Mr. Davis. "So re-writing the franchise agreement will give us as a community a chance to look at our options and create media centers, media based economic development, expanded community access television channels and other ways to make sure the community is really served well by the franchise."

The petitions delivered today fulfill a provision of the Metro Cable ordinance that allows a minimum of 100 citizens to present agenda items for a Special Review of the franchise by the Director of Public Works. In October, the Jefferson Co. Attorney issued an opinion that the current cable franchise could be revoked and renegotiated on several grounds, including Carlyle - Insight's failure to get approval from the City for the ownership transfers to Insight Acquisitions and the Carlyle Group earlier this year. The first and only major schedule change undertaken by Carlyle - Insight after the takeover was to kick WYCS television, the region's only independently owned minority oriented station, off the basic cable package.

Statement from Eddie Davis, Media Committee, Kentucky Alliance Against Racist and Political Repression:

"The funding of independent community media centers and funding or otherwise supporting locally owned and managed TV stations which cater to local constituencies and minority interests is healthy for the democratic process - as opposed to allowing major corporation to gobble up and control all the local stations and maintain central control over the media system.

"WYCS TV, as the only local station founded by an African American, Jerome Hutchison, and has historical roots in the community. WYCS is owned by he African American Venture Capital corporation. It's about time for the Metro government to intervene and preserve WYCS and the African American Capital corporation in creative ways which support the creation of media centers and new media infrastructure for the community. The City can do this both by supporting those existing entities to grow and better serve their mission and through new organizations and initiatives which support the mission of providing capital and communications support by and for the minority communities of this City.

"Such support by the Mayor and the Metro Council would show an act of good faith by the Metro govenrment in the post-merger era. It would also show their ability to govern in the interests of the whole city, not just special interest business groups and the corporate interests. There Is an urban community that many people feel the council is not dealing with effectively. The old City Board of Aldermen sometimes dealt effectively with this but many on the Council see things through suburban sunglasses, But the primary economic engine is still the urban area and the Metro government is still trying to find balance of urban and suburban communities Metro government can show sensitivity to African American community in particular and urban communities in general.

"And Metro government leaders can show that they have an interest in a healthy democracy. In a healthy, democratic community you have decentralization in terms of the flow of information. If you just have a handful of out of town corporations controlling the flow of information, that is not healthy.

"The Black Caucus of the Council is politically and morally obligated to take the lead, particularly in creating a broader, new media economic development opportunity for the City thorough renegotiation of the franchise, beyond the current poorly written contract. Renegotiated, the cable contract would support the best interests of their constituencies and the businesses which are threatened by the illegal Carlyle takeover, not only WYCS but the producers and media people who can benefit from having an independent station,and the kids and neighborhood leaders who benefit from having a training ground for the future, and the broader community which needs places for direct creative production and community wide dialogue on issues in our own media.

"The leadership of the Black Caucus could support civic dialogue and the creation of new community communications infrastructure for Metro government and the City as a whole. "

See http://louisvillecable.blogspot.com for more ....

Louisville Speaks Out on Media Democracy, Cable and Communications

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 20:17:00 -0500

See the video now - click here:

Louisville Metro Council Testimony on Media Democracy and Cable Communications

( http://tinyurl.com/csgs9 )

Louisville Citizens concerned with Media Democracy and the crisis in the Carlyle - Insight cable system spoke out publicly at the Metro Council meeting December 15, 2005. Over half of the public addresses to Council concerned media democracy issues, including:

Calls for Action:
* Revoke and renegotiate Carlyle - Insight's cable franchise.

* Calls to re-write the Cable and Communications ordinances of the City.

* Calls for the director of Public Works to hold a Special Review of the Franchise.

* Calls for the City not to give up it's communications oversight powers to the State.

* Calls for the City Government and Carlyle - Insight to reverse course and find ways to keep WYCS on basic cable.

* Calls for rapid action before windows of opportunity close - perhaps a special session of the Council to make sure that the action called for actually take place before December 31, 2005.

Calls for Democracy:

* The Jefferson Co. Attorney opinion that the takeover of Insight Cable by the Carlyle Group was illegal, with many additional questions raised by citizen researchers as to the nature and intent of Carlyle's control and role in eliminating diverse voices from cable.

* Carlyle - insight's attempts to kick WYCS TV Channel 24, the only local and independent station in Louisville off the air.

* The potential loss of diverse programming with the elimination of WYCS from the basic cable channel, including local and national minority, Latino, student and alternative voices not otherwise heard in our community.

* Support for the underserved in our community: For affordable access to community news and information, by and for the community.

* The need for strong citizen, Council and Mayoral action to counter the loss of Citizen oversight on communications issues in Louisville, including the silenced cable commission, the dismantled telecommunications commission, the lack of review by the Mayor and Director of Public Works and the elimination of substantive cable access and participation.

Calls for Community Vision:

* The role of students and community partners in creating programming on cable through WYCS.

* The need to protect and provide programming opportunities for non- conglomerate news and information on basic cable, such as democracy Now!

* The extraordinary and positive opportunity to rewrite the communications ordinances and renegotiate the franchise to create community media centers networks for neighborhood and community media makers, cultural creatives and social entrepreneurs in creating new media economic and cultural development in Louisville.

More complete reports will follow in the next few days. It is clear that citizen concern is growing and that these issues will njot be going away. Please follow up on these issues with your Councilor, the Mayor and Carlyle - Insight as well as continuing to send your letters to the Courier and other media, asking them to cover this extraordinary and crucial story!

Please take a look at the video of the Citizen testimony and add your voice and comments to this article as well!

Louisville Speaks Out on Media Democracy and Communications

See the video now - click here:

Louisville Metro Council Testimony on Media Democracy and Cable Communications

( http://tinyurl.com/csgs9 )

Espanol

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 18:41:00 -0500

Who was Willie Lynch?

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 18:01:00 -0500

Several Speakers at the December 14 Press conference and again at the December 15 Metro Council presentations referred to Willie Lynch. For folks who are not familiar with the legacy of Lynch, here is an article excerpted for fair use from The Crisis, September/October 1999.

Just to be clear, we should probably add that the use of the term in this context does NOT refer to physical violence, but rather to those more modern techniques of language and media control which are used to divide communities against themselves even while corporations combine....

Click on the article image to read more ...

Who is this woman ...?

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 18:00:00 -0500

...And what does she have to do with the future of television, media and local minority voices on WYCS and cable in Louisville?

Your help appreciated....

"The Council now has the opportunity to re-negotiate or even revoke Insight's franchise..."

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 17:55:00 -0500

Thank you for the opportunity to speak tonight. I am here because I am deeply concerned about the Carlyle Group's involvement with Insight Communications. To put it bluntly, this company, with its ties to the Bin Laden family, is not the kind of company we want involved in media decisions in Louisville. It is not surprising that Insight did not seek appropriate permission from the city before the transfer of ownership. And it is also not surprising that the mmediately after the transfer of ownership, Insight announced plans to move WYCS, Channel 24, from it's present slot to a channel that few residents of our community can access.

In doing so, they effectively deny us a critical community resource. As a resident of this city for 19 years, and also as an independent journalist, I can attest to the critical importance of locally-owned stations, of stations that give voice to the minorities in our community and provide student television and coverage of local events.

In addition, WYCS is the only station in this town that is brave enough to offer Democracy Now, an independent news program. In an age where most of our news outlets are owned by large corporations with vested interests, programs like this are absolutely crucial. When news networks like ABC are owned by the Disney Corporation, we are left with the unacceptable choice of depending on Mickey Mouse for our news. That is unacceptable and why we
urgently need access to programs such as Democracy Now.

As I understand it, since the city did not give permission for this transfer, the Council now has the opportunity to re-negotiate or even revoke Insight's franchise. But that opportunity is now and requires immediate action before the state takes over much of these responsibilities on Dec. 31 under House Bill 272.

The granting of a cable franchise involves a responsibility to our community to insure that we continue to have local access and community-minded programming. I urge you to act with that in mind. Thank you.

- - Lucinda Marshall, To Louisville Metro Council, December 15, 2005

No end Insight: round two

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 17:55:00 -0500

No end Insight: round two
(From LEO Weekly: http://leoweekly.com)

At the start of every Metro Council meeting, 10 constituents get to speak briefly about whatever they want, whether it’s on the Council agenda or not. Last Thursday in a City Hall decked with poinsettias, five addressed an issue that wasn’t set for discussion at the last meeting of 2005: cable TV.

Why? Insight’s July merger with the Carlyle Group (Google it and weep): Upwards of $650 million changed hands, an ownership shift of more than 60 percent. Such a change, according to section 116.37 of Metro Government’s Code of Ordinances, requires Council approval. But Insight never sought it.

The County Attorney’s office analyzed the merger, and on Nov. 17 presented its findings to the Contracts and Appropriations Committee, which originally requested it. The report cites three city ordinances that Insight violated by forgoing Council approval, which “clearly entitle(s) Metro Government to review and approve the transactions at issue involving Insight Communications.”

The past several weeks have revealed confusion about who has oversight - the Council or the mayor - for enforcing the cable franchise. Allison Martin, communications coordinator for Mayor Abramson, said his administration lacks enforcement authority over the franchise. The Contracts committee declined to take action after the Nov. 17 meeting.

Earlier this week, however, Councilman Jim King’s office confirmed that he - as chair of the Contracts committee - would head a possible Council investigation, although no timeframe was offered. Likewise, his office indicated that several Council members are interested in the franchise, which insiders say is among the weakest in the country for the power it affords city government over the cable provider.

Mark Stanton, general manager for WYCS (“Your Community Station”), is pushing the issue with city government, along with the groups Dads for Education, Louisville Media Reform Group, Kentucky Alliance and the Open Initiative. WYCS is set to move from channel 24 to 759 on Dec. 31. It’s the first programming move Insight has made since the merger.

BY STEPHEN GEORGE
sgeorge@leoweekly.com

Last changed: December 20. 2005 4:46PM

Note: This is being posted as a fair use reproduction for community distribution. Please visit LEO Weekly at http://www.leoweekly.com/ for more good community news...

Carlyel Group Acquires Insight: Links to Carlyle Group Website Press Releases

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 17:00:00 -0500

Press Release 1)

Click here for complete article...

December 16, 2005
#2005-89pc (issued by portfolio company)
Insight Communications Completes Going-Private Merger

New York – Insight Communications Company, Inc. today announced the successful completion of its previously announced going-private merger with Insight Acquisition Corp., an entity led by Insight Communications co-founders Sidney R. Knafel and Michael S. Willner and affiliates of The Carlyle Group.

At the related special meeting of stockholders, holders of Insight Communications’ Class A common stock and Class B Common stock, voting together as a single class, and Insight’s disinterested Class A common stockholders voted to approve the merger. Insight’s stockholders also voted to approve an amendment to Insight’s charter to facilitate the merger. ...

Click here for complete article...

Press Release 2)

Click here for complete article...

July 29, 2005
#2005-49pc (issued by portfolio company)
Insight Communications and Insight Acquisition Corp. Enter into Definitive Merger Agreement

New York, NY - Insight Communications Company, Inc. (NASDAQ: ICCI) and Insight Acquisition Corp. today announced that they have entered into a definitive merger agreement providing for Insight Acquisition Corp. to acquire all of the publicly held shares of Insight Communications. Under the terms of the agreement, which was unanimously approved by the board of directors of Insight Communications, public shareholders of Insight Communications would receive $11.75 per share in cash.

Insight Acquisition Corp., the acquiring entity, is led by Insight Communications co-founders Sidney R. Knafel and Michael S. Willner and affiliates of The Carlyle Group. Mr. Knafel, Mr. Willner and their related parties collectively own shares of Insight Communications representing approximately 14% of the equity and 62% of the aggregate voting power.

Click here for complete article...

Also: Insight Oversight? Take a look:

Insight Communications still does not appear on Carlyle Group Portfolio Page:

Click here for complete page...

It's Not Just TV: Cable Broadband, Internet, Telephone, VOIP, Satellite, and more

noreply@blogger.com (Anonymous) — Fri, 23 Dec 2005 01:00:00 -0500

This note is the beginning of a broader inquiry:

Carlyle - Insight already controls vast amounts of spectrum use beyond television. Cable modems are now the broadband conduit of choice for many consumers, due to the fatter "pipe" they provide. Control of consumer communications dollars, and beyond that consumer choice in markets via advertising and individual data profiling are the major reasons for cable's pursuit of bundled services including TV, telephone, internet as a a central part of the conglomerate vision.

One company, controling your access to what you see hear and know in almost all media.

Quite a vision.

And as long as such broadband access is defined in terms of "consumer" choice" and "deregulation, " the larger issues raised by different definitions, such as "citizen" and "free speech" and "privacy" will be ignored or shunted aside.

Lack of City oversight on satellite issues, for instance, was one of the points raised in Tina Heavrin's rationale for Mayor Abramson as to why the City should not opt out of the state takeover of telecom revenue and related authority (see below).

However, this begs the question as to why the City does not move to develop such capacity and authority. Why is the City not creating appropriate franchise and other oversight authority on satellite, broadband access, and similar communications infrastructure rather than ceding such power to the State now, and the Feds, by default, in the Spring?

Appended to this posting shortly will be some examples of Carlyle - Insight's and broader industry spectrum control strategies and consequences.

For now, we need to be raising the issue for policymakers and the community: How can Louisville citizens and leaders engage in more thoughtful dialogue and put in place franchise agreements, legislation and infrastructure which encourages diverse citizen access, control and creation of our information and media?

Please post your thoughts and suggestions along these lines as we begin discussion of broadband spectrum issues with Carlyle - Insight and beyond.

What About Comcast?

noreply@blogger.com (Anonymous) — Thu, 22 Dec 2005 14:24:00 -0500

The Louisville / Jefferson Co. Attorney, in calling for the revocation and renegotiation of the franchise agreement with Carlyle - insight, mentions Comcast as a rumored future acquirer of the Louisville Cable Franchise.

Comcast is already reported to own as much as a 50% stake in Carlyle - Insight, and has indicated that they may exercise an option to separate from the partnership (preparatory to a takeover bid? or just to cash out?) next week, December 31.

This is, coincidentally (?), the same date that WYCS is being forced off basic cable, the same day that the State takes revenue authority over from the City of Louisville.

Comcast has been running advertisements on Insight for months now, even though they do not have an "official" presence in the Louisville market.

What's going on?

It turns out that Comcast is another player with plenty of criticism and concern from citizen groups around the country.

See, for instance,

How Comcast Censors Political Content
Or Why My Comcast Horror Story Is Better Than Yours
by David Swanson
www.commondreams.org
http://www.commondreams.org/views05/0716-20.htm

Comcast disputes town's right to reject franchise renewal
www.reclaimthemedia.org
http://tinyurl.com/cesta

Philadelphia Grassroots Cable Coalition
http://www.grassrootscable.com/philly/comcastnews.htm

City Gives Up Telecom Authority: Mayor's Assistant Explains City Inaction; Raises Q's: Why No City Satellite/Other Tel? Why KY Double Taxation? Etc...

noreply@blogger.com (Anonymous) — Thu, 22 Dec 2005 12:32:00 -0500

From: Heavrin, Tina
Sent: Thu 12/15/2005 5:04 PM
To: Owen, Tom
Cc: McGovern, Jim; Wolf, Ron; Driskell, Jane
Subject: State tax reform on telecommunications

I understand you had requested the thinking on Metro Government's decision NOT to "opt out" of the state's new taxing scheme on telecommunications. The state law does allow jurisdictions to forgo participation in the revenue sharing from the state's new taxes on telecommunication providers by continuing to enforce a franchise fee on a local provider. HOWEVER, if a jurisdiction keeps the franchise fee in place, then the customers who pay the 3% franchise fee would continue to do so BUT they would also pay the 3% excise tax the state has imposed on the users of telecommunication services. BUT, if Metro would have opted out, none of the 3% excise tax would come back to this community. In addition, theoretically, since the State can impose the tax on satellite companies and Metro's franchise doesn't include such companies, the distribution back to local jurisdictions could be more than they currently get through the so-called growth fund. But, even if the return is just the same amount as Metro currently gets, at least the citizens would not be paying 3% more than those in other places in the state.

3 PM Thursday, 12/22/05: Announcing New Petition Drive & Delivering Petitions to City Hall: Review and Act on the Local Cable Crisis

noreply@blogger.com (Anonymous) — Mon, 19 Dec 2005 16:44:00 -0500

Press Release December 19, 2005
For Immediate Release
Contact: louisvillecable@yahoo.com

Want to sign the petition? Click on

WHAT: Petition Delivery & Announcement

Announcing New Petition Drive & Delivering Petitions to City Hall: Review and Act on the Local Cable Crisis

Petition For Special Review of the Cable and Communications Franchises of Louisville, KY, USA

WHEN: 3:00 PM, Thursday, December 21, 2005
WHERE: Metro Louisville City Hall, 6th St. Steps and Metro Department of Public Works
WHO: Petition for Special Review Action Team

A preliminary petition drive has garnered well over the one hundred signatures required by the Metro Cable Ordinance for the Director of Public Safety to place items on the Agenda for a Special Review of the Cable Franchise.

At this event there will also be an announcement of an expanded petition drive and other actions for Louisville area Citizens to begin to take back our cable channels and local airwaves.

We Call for an immediate Special Review of the current Carlyle - Insight franchise!

Petition For Special Review
of the Cable and Communications Franchises of Louisville, KY, USA

Why a Special Review?

The current Cable Franchise Ordinance strips citizen oversight of the cable company.
But it allows the Director of Public Works to hold a Special Review if asked for in writing by at least 100 citizens. Citizens and Government can also hold Public Affairs hearings and inquiries on cable and communications policies in Kentucky & Indiana.

NOW IS THE TIME FOR A SPECIAL REVIEW. WHY?

1) Insight / Carlyle violated the Franchise Ordinance by failing to get approval for change of ownership from Metro Government. The new owner is the Carlyle Group, a private international venture group with deep ties to the military-industrial complex. According to the Louisville Cable and Communications Ordinance, failure to notify and get approval of ownership changes is grounds for revocation of the franchise.

2) Insight / Carlyle is trying to shut down independent local voices, including Channel 24 on December 31, 2005, and limit public access. Channel 24/WYCS is Louisville’s only independent local television station focused on minority, immigrant, local production and content. Insight has also limited cable public access to only one channel, (98).

3) The Metro Franchise Ordinance and Franchise Agreement eliminate citizen oversight and need to be re-written. The reconciliation ordinance and franchise after Merger cut out all oversight by citizens or the Council. The Cable Commission (5 City employees and 2 Citizens) can only address rate issues, not public policy or citizen access. The ordinance strips the Telecommunications Commission of any authority. It does not define public access rights or issues, excludes participation by neighborhood, demographic or other groups. In short, it eliminates citizens and replaces them with consumers who have no voice or power.

4) The Kentucky Legislature passed the Fletcher Tax Law, HB 272, which strips the City of much of it’s tax and oversight authority over cable. The City must file immediately with the State to keep it’s rights, and may need to change it’s ordinance and franchise in order to cope with HB272.

For these and other reasons, we, the undersigned citizens of Louisville, call upon the Director of Public Works, Mayor, Metro Council Legislature and Citizens Organizations to conduct a Special Review and broad Public Hearings of the Cable Franchise, other franchises, franchise ordinances and communications policies of the City, immediately.

Please sign and make copies of this petition.
Mail to: Louisville Metro Dept. of Public Works, Director Jim Adkins, 444 S. 5th Street, Suite 400, Louisville, KY 40202, Main switchboard: 502.574.5810 Jim.Adkins@loukymetro.org.org

Copy to: Media Committee, KY, Ky Alliance, 3208 W. Broadway, Louisville, KY 40211, kyall@bellsouth.net

REMINDER: 3 PM Thursday, 12/22/05: Announcing New Petition Drive & Delivering Petitions to City Hall: Review & Act on Carlyle-Insight Cable Crisis

noreply@blogger.com (Anonymous) — Mon, 19 Dec 2005 16:23:00 -0500

REMINDER! (SCROLL UP FOR DETAILS ABOUT THE EVENT!)

Press Release December 19, 2005
For Immediate Release
Contact: louisvillecable@yahoo.com

Want to sign the petition? Click on the PetitonSpot button and sign up now at http://petitionspot.com/petitions/cable

WHAT: Petition Delivery & Announcement
Announcing New Petition Drive & Delivering Petitions to City Hall: Review and Act on the Local Cable Crisis
Petition For Special Review of the Cable and Communications Franchises of Louisville, KY, USA

WHEN: 3:00 PM, Thursday, December 21, 2005
WHERE: Metro Louisville City Hall, 6th St. Steps and Metro Department of Public Works
WHO: Petition for Special Review Action Team

A preliminary petition drive has garnered well over the one hundred signatures required by the Metro Cable Ordinance for the Director of Public Safety to place items on the Agenda for a Special Review of the Cable Franchise.

At this event there will also be an announcement of an expanded petition drive and other actions for Louisville area Citizens to begin to take back our cable channels and local airwaves.

We Petition for an immediate Special Review of the current Carlyle - Insight franchise!

REMINDER! SCROLL UP FOR DETAILS ABOUT THE EVENT!)

Please add your comments below: Constitutional Issues, Free Speech, Restraint of Trade and So On.

noreply@blogger.com (Anonymous) — Mon, 19 Dec 2005 16:17:00 -0500

At the heart of the cable crisis in Louisville and the Carlyle- Insight actions are a number of issues which raise fundamental Free Speech and Constitutional questions.

Below is a discussion of some of these issues. Please use the comment button below to add your thoughts. If you are one of the several individuals or organizations considering action in this situation, let us know a bit more about your progress, if appropriate. Thanks.

Is Carlye - Insight using their regulated monopoly powers to attempt to shut down local voices on their system? The original letter from Carlyle - Insight in NY to WYCS-TV Channel 24 makes it clear that it was Carlyle- Insight's intention to move them entirely off the system, not to switch them to a different channel. Did the issue of minority channel alternatives, such as TVOne, , preserving local voices, and etc. only came up as a rationale for compromise after Carlyle - Insight realized that there would be community opposition to their actions?

Similarly, was it only after the fact that local Insight representatives became involved in the decision making, and Carlyle - Insight's lobbyists and attorneys started engaging City officials, press etc. , to present it as a question of programming quality and insisting that a national minority channel was an equivalent substitute for local minority and community programming?

So what was the original issue? That Carlyle is trying to force off the air the only locally owned and operated non-network affiliated station on the basic package, and using the cover of their local franchise monopoly to do so?

In addition, there are other issues, such as:

* Carlyle - Insight's freeze on local public access channels,

* The Carlyle - Insight attempt to use the monopoly granted by the City to force their competitor off the basic cable package while "skimming" client programming to put on their own commercial Insight Cable Channel 2, as described by Carlyle - Insight lobbyist Reba Doutrich in the Courier Journal article by Tom Dorsey. If the City allows this, does it become a party to restraint of trade and limitation of speech?

* Does TVOne or other substitute programming become a party to this as well? Particularly if the Co. Attorney's opinion is true and Insight - Carlyle has acted illegally in obtaining and therefore in operating the Franchise? If so, knowing this, do the City, and other commercial entities become in some sense parties to the crime?

* If the State of Kentucky is assuming authority for revenue collection and distribution under HB 272, which takes effect in January, will it also become liable for the loss of revenue and the restrictions on free speech to parties in Louisville and elsewhere as a result of administering a contract which the State knows has been described as illegal by the Jefferson Co. Attorney?

* Local governments failure to monitor or regulate the public access and free speech domain of the local cable system, as called for in the ordinance and franchise agreement has deep implications fro their accountability and the transparency of decisionmaking as it affects citizen access and free speech rights.

* Local governments' failure to act on the recommendations of the Co. Attorney that the franchise be revoked and rescinded. If the result of this is a limitation of free speech and a denial of air time, etc. then are the damages to be assessed in terms of loss of diverse local voices and free speech? It was precisely this sort of issue which moved the ACLU to intervene nationally around the FCC's media consolidation rules two years ago. Are the consolidation issues raised in the current cable crisis similar?

-- and other issues which a variety of citizen researchers are raising as grounds for investigation of the constitutional and other bases for Citizen and Government actions.

ACLU questions:

Below we have reproduced the American Civil Liberties Union of Kentucky "Intake Form" as a starting place for interested citizens to pursue these questions.

ACLU of Kentucky: How to File For Citizen Action

noreply@blogger.com (Anonymous) — Mon, 19 Dec 2005 16:15:00 -0500

ACLU of Kentucky: An Opportunity to Defend the Civil Liberties and Constitutional Rights at Stake in the Louisville Cable Crisis

You can find this form on the KY ACLU website at:

http://aclu-ky.org/assistance.html

American Civil Liberties Union of Kentucky
Legal Assistance Request Form

Thank you for contacting the ACLU of Kentucky. Once you return this complaint form to our office, we will review your information to determine if your complaint fits within our mission and if we have the resources to help you. Please be aware that this process can take six to eight weeks.

The ACLU of Kentucky offers legal assistance for cases involving civil liberties violations in which government is involved.

The ACLU of Kentucky does not handle:

disputes between private parties, including private employment disputes;
domestic disputes, or
child custody matters.
Due to limited resources, the ACLU of Kentucky cannot take all cases offered to us, even some concerning real injustices. If we do not take your complaint, this does not necessarily mean that you do not have a valid constitutional concern. Because we are a small organization with limited resources, we often have to make difficult decisions when choosing the types of issues that we can adequately address.

In order to expedite our intake process, do not attach any additional documentation to the complaint form. We cannot return any documents that you choose to send to us.

Please note that by accepting this request for assistance, the ACLU of Kentucky is not undertaking your legal representation and is not responsible for meeting any statute of limitations restrictions in your case. If you believe you have a potential lawsuit, you should consult with an attorney immediately to ensure that you do not lose the right to bring a legal case due to any applicable time deadlines.

Please note that the ACLU of Kentucky does not provide emergency assistance or legal consultation.

This form should be mailed to:

ACLU of Kentucky
315 Guthrie Street Suite 300
Louisville, KY 40202-3820

ACLU

AMERICAN CIVIL LIBERTIES UNION OF KENTUCKY
A non-profit, non-partisan membership organization dedicated to
preserving individual freedoms guaranteed in the Bill of Rights.

Legal Assistance Request Form

The ACLU of Kentucky offers legal assistance in certain cases involving civil liberties violations in which government is involved. The ACLU of Kentucky does not handle disputes between private parties, including private employment disputes, domestic disputes, or child custody matters. Due to limited resources, the ACLU of Kentucky cannot take all cases offered to us, even some concerning real injustices.

Instructions: Please print, complete, and mail this form to our office at:

ACLU of Kentucky
315 Guthrie Street Suite 300
Louisville, KY 40202-3820

Complainant Information:

Name:

Address:

City, State, and ZIP:

Day Phone: Night Phone:

Email Address:

My complaint is against the following:

Name:

Agency/Government Organization:

Address:

City, State, and ZIP:

Date of Act giving rise to this complaint:

Are you currently represented by an attorney (circle one)? YES NO

If YES, attorney's name:

Address:

City, State, and ZIP:

Phone:

Has a criminal or civil lawsuit been filed
against you or on your behalf (circle one)? YES NO

If YES, case title and case number:

Date filed:

Court: Judge:

Opposing Attorney:

Current status of case:

Description of complaint (PLEASE TYPE OR PRINT CLEARLY):

Describe the events that led you to file this complaint. Please include pertinent facts, dates, persons, places, and summary of what was said or done to the complainant. DO NOT SEND ORIGINALS OR ADDITIONAL DOCUMENTATION. The ACLU of Kentucky is not responsible for the maintenance of any documentation we receive.

Louisville Community Media Centers Network - Next Steps for Development

noreply@blogger.com (Anonymous) — Mon, 19 Dec 2005 14:12:00 -0500

Community Communications: Vision and Opportunity:

The current crisis in cable and community communications is also an extraordinary opportunity: To create a community media future which fulfills the needs, best hopes and aspirations of the community.

* Will the City step up to revoke and renegotiate the cable franchise ordinance and agreement to reflect the best of modern cable and communications systems?

* Multiple open public, educational and government (PEG) access channels, with sufficent funding from the cable franchise and other sources ?

* Well equipped and geographically accessible neighborhood media centers?

* Community wi - fi and multiple broadband resources for the community? Equal access for low power and interactive radio, TV and web services?

* Economic and sustainable community development strategies which harness the creative and storytelling capacity of our communities fully?

* Institutional training, government support and community based production for cultural creatives, community journalists and neighborhood artists and leaders in creating vibrant and well developed media and cultural change scenes in Louisville and the region?

* Local / global partnerships, such as Independent Meida Center, Pacifica, Alliance for Community Media, Free Speech TV and more...?

Several community networks and individual media makers have been meeting over the past few years to define best practices and opportunities for community media in Louisville. By sharing resources, technology, training, and common media infrastructure, participants hope to to inspire and support community based news and information systems in the central Ohio Valley.

Interested? Strategic plans and opportunities for collaboration.

Please contact open@iglou.com for more information.

Background Information on Insight Cable - From Lousiville Media Reform

noreply@blogger.com (Anonymous) — Sun, 18 Dec 2005 22:24:00 -0500

From http://louisvillemediareform.org/InsightCable.html

Insight Communications Company, Inc., is Metro Louisville's cable provider.

Insight claims that it is the ninth largest cable operator in the U.S., serving 1.4 million customers in the four contiguous states of Illinois, Indiana, Ohio, and Kentucky.

Metro Louisville, the 16th largest U.S. city, is Insight's largest hub of operations. (Map of Insight hubs)

Yet Louisville's cable service is arguably the worst among major metropolian communities in the U.S.:

Limited public access and local origination channels
No community media centers
Lack of community input into content offerings
No local management sensitive to local issues
A bias against locally owned community oriented stations
Absence of oversight by Metro government

Recent events may allow this to be rectified.... Read more...

Insight Cable and WYCS-TV24 - Podcast of LMR December 15 meeting now available.

noreply@blogger.com (Anonymous) — Sun, 18 Dec 2005 22:15:00 -0500

From: http://louisvillemediareform.org :

LMR December Meeting: Insight Cable and WYCS-TV24
Louisville Free Public Library - December 14, 2005.
1 hour 39 minutes, mp3 format, 23.3MB

Listen Now: http://louisvillemediareform.org/pages/LmrMeeting-2005-12-14-InsightCable.mp3

An informational meeting discussing the current situation with Insight Cable:
* Its recent buyout by a private corporation, accomplished with the financial assistance of The Carlyle Group
* Its booting of Channel 24, the only independent TV station in town, from the basic cable lineup
* The possibility of Metro Government mustering the backbone to demand a new franchise agreement.

Timeline on Insight / Carlyle

noreply@blogger.com (Anonymous) — Sun, 18 Dec 2005 15:52:00 -0500

This is the beginning of a timeline of actions and events related to the Carlyle takeover of Insight Communications. This timeline is tentative and is being developed as a resource for citizen and journalists. Please add your own dates, events, links, comments and corrections below ... We will be updating regularly as new information and corrections are brought forward.

1976 ?: First Louisville City Cable Franchise

1978 ?: First Jefferson Co. Cable Franchise

198X? Carlyle Founded

19XX?: Insight Founded

1996: WYCS TV Channel 24 begins broadcasting under the FCC urban low power license rules. WYCS is carried on Louisville area cable over the next ten years under contract with local cable systems.

1998: Louisville Franchise Ordinance watered down, eliminates most City oversight in exchange for City- County rate equalization and a "Government" Channel

1998: (?0 Knology cable attempts to enter the Louisville market as a competitor but eventually loses a court challenge to the local monopoly and withdraws from the market.

2000?: Last Franchise Agreement between City of Louisville and Insight Signed - Extraordinary agreement which runs through 2015 (?)

2002?: City - County Cable and Communications Reconciliation Ordinance Drafted by City Public Works Lawyers (??) and approved. Further Strips Citizen Oversight, eliminates function of Telecommunications Commission, and so forth.

2002: City Does Not Hold Regular Review (?) of Cable Franchise under Director of Public works, despite being required to do so at least every two years under the Franchise Ordinance

2003, January 1: Insight signs 3 year retransmission agreement with WYCS.

2004: City Does Not Hold Regular Review (?) of Cable Franchise under Director of Public works, despite being required to do so at least every two years under the Franchise Ordinance.

2004: Michael Moore's film, "Fahrenheit 911" is produced, largely focusing on the role of the Carlyle Group in world politics, the arms trade and related issues. Under pressure, the studio, Walt Disney Corporation, refuses to distribute the film. Moore and his producers distribute the film anyway, resulting in the largest independent distribution of a documentary ion US history through independent movie theaters.

2004 - 2005: Carlyle Group starts buying movie theaters, and moves aggressively into telecommunications.

2004 December: The Metro Louisville Cable Commission meets for the first and only time, without notifying interested parties except Insight Communications, conducts no business (?) and does not meet again.

2005 Spring. The original owners of Insight, a publicly traded stock corporation, start buying back shares in order to turn it into a new, privately held company, Insight Acquisitions.

2005 Spring: Insight Communications fails to get permission (as required by law?), from the City of Louisville to transfer ownership to Insight Acquisitions.

2005 May: Discussions begin regarding airing Democracy Now! on WYCS broadcast and Insight basic channel 24.

2005 June: Midwest Media convergence conference in Louisville focuses in large part on establishment of community based media centers network for Louisville.

2005 July 29: Carlyle Group buys into Insight Acquisitions with a reported 60% stake.

2005 August 19: Carlyle - Insight sends a two sentence letter from their NY headquarters to WYCS TV Channel 24, breaking their contract and giving WYCS 120 Days notice that they will be removed from the cable lineup entirely effective December 31, 2005: "Per Section 5 of the Retransmission Consent Agreement between us dated as of January 1, 2003 ("the Agreement"), we hereby notify you that we are terminating the Agreement effective as of the end of the "Initial Term" (as defined in the Agreement). Do not hesitate to contact me if you have further questions. Best Regards, Melani Griffith VP, Programming Insight Communication Company, LP Cc: Elliot Brecher, General Counsel, New York Doug Giesen, SVP Operations, Louisville Reba Doutrick, Director Community Relations, Louisville"

September 2005: Carlyle - Insight refuses to meet with WYCS management

2005 October?: At the Mayor's suggestion (?) , Carlyle - Insight begins talks with WYCS. Carlyle - Insight changes their original decision to kick WYCS off cable entirely, and gives verbal offer of high end Digital Channel alternative which would still push channel 24 off basic cable and make it unaffordable for most low and moderate income viewers to watch. For the first time, Carlyle - Insight mentions that the issue is one of minority programming and announces that they will be moving TVOne from channel 70 to replace WYCS in the basic cable package on Channel 24.

2005 October 31. At the request of the Metro Council, he Jefferson Co. Attorney issues an opinion that the Insight Acquisition and Carlyle Group ownership transfers were illegal, and recommends that the franchise be revoked and renegotiated.

2005 November: Metro Cable Commission is still the only City Commission not to appear on the City website or have any information regarding it's members publicly available.

2005 November: Louisville Media Centers Network meetings.

2005 November: Democracy Now! begins airing on WYCS and new community programming moves forward.

2005 November - December: Metro Government and Council hold hearings, investigate alternatives but still take no action to halt the removal of WYCS, to revoke and renegotiate the cable franchise as the Co. Attorney has recommended, or to apply for a waiver from State Bill 272, which some citizen activists fear will remove significant parts of their taxation and oversight authority. Citizen groups hold hearings meetings, speak outs at Council meetings and begin to organized petition and other actions.

2005 December: City officials say that Cable commission will meet in December, but no notice had been received by citizen activists as of December 20, 2005

2005 December 31: If all goes according to Carlyle - Insight's plan, WYCS will go off basic cable a midnight. Unless Metro Council and the Mayor act, the City revenue and possibly other authority will also be largely taken over by the State under HB 272.

2006 March:Pending federal legislation aimed at eliminating all municipal and local authority over the cable and telecommunications industries will be voted on in Congress. Metro Government officials say privately that there is nothing the City can do because it's powers will be removed. No Metro official has yet answered the question of how the City s lobbying to prevent this measure passing or protect it's citizens interests and oversight of local communications..

Louisville Media Democracy "Defense Fund"?

noreply@blogger.com (Anonymous) — Sun, 18 Dec 2005 05:51:00 -0500

Due to the unprecedented number of local and national challenges to local "business as usual" media practices, a number of community leaders and organizations have begun discussion towards partnering with legal and media democracy advocates to develop appropriate strategies and legal or legislative remedies.

More will follow, but we wanted to open the discussion up here:

What do you think might be the best way to bring together leadership in support of such challenges?

What issues should be at the top of the list for action?

Metro Government: Time to Act on Cable: Revoke, Renegotiate, Retain. Call for Special Council Session To Begin The Process Before December 31.

noreply@blogger.com (Anonymous) — Thu, 15 Dec 2005 16:31:00 -0500

Open Letter to Metro Government Officials and Citizens

The Cable issues before the Metro Council and Government are now very clear:

1) Revoke and Renegotiate the Carlyle-Insight cable franchise:
The County Attorney opinion clearly states that Carlyle - Insight broke the franchise law and that the Metro Government can and should Revoke and Renegotiate the franchise and re-write the Louisville cable and communications ordinances to establish citizen oversight and new participatory communications infrastucture. Metro cannot risk ignoring this breach of the law by bottling it up in committee, as the Co. Attorney opinion makes clear. Both Metro Council and the Mayor need to act now on this issue, move it out of the Contracts committee and begin serious study and action.

2) Retain the City's Rights to control the local cable franchise.
The City must apply to the State of Kentucky for Exemption from HB 272 before December 31, 2005 or it loses much of it's rights to control cable and other communications. In addition, the City should work with Jefferson Co. Legislators in the upcoming session so that HB 272 is modified to more fully support local involvement in franchise oversight and communications policy.

3) Call for Metro Council Special Session before December 31.
In order to consider these cable and communications issues and act to retain Metro control of the situation, the Metro Council will need to call a special session of the Council to meet and act on these issues before December 31.

4) Vision: Take the lead in creating a strong cable and communications future for Louisville.
There is a great opportunity for the City in this crisis. Government officials can take the lead in supporting local media democracy and protecting the communications future of the City.

Metro Government is at a crossroads, facing two very different paths to the future:

The Low Road:
The City can take the low road of ignoring the apparently illegal Carlyle ownership transfer, bottling up issues in committee, and tolerating the lack of citizen participation in local franchise ordinances, communications policy and oversight. Louisville will continue to lag behind most other major cities, which have in place community media centers, broadband and media economic development stategies, and open and active communications policy offices and mechanisms for citizen oversight and involvement.

The High Road;
The City can take the high road of reinvgorating citizen involvement by re-working communications ordinances, renegotiating the Franchise, retaining municipal authority with the State and including media democracy policies, community media centers, active public access channels, and participatory communications infrastructure as part of a sustainable City economic development strategy. The high road will enhance the City's capacity for democracy, communications and entrepreneurship on every front. Choosing to actively study and create a vibrant media scene and communications strategies for the City will lead to new opportunities and partnerships beyond the first three steps outlined above.

High road or low, these issues will not go away. They are now on the radar of community groups and citizen leaders throughout the City.

Metro leadership is crucial. Metro government leaders can act now to re-envision what Louisville's communications future can and ought to become. In this effort they will find growing support, policy ideas and yes, occasional criticism, from neighborhood, community, business and cultural organizations and concerned citizens. Taking the lead now creates an opportunity for the community to come together to create a positive media and communications future.

The decision is yours.

Speak Out! 6 PM December 15 - Last Metro Council Meeting to Decide Future of Louisville Communications

noreply@blogger.com (Anonymous) — Wed, 14 Dec 2005 21:53:00 -0500

Speak Out!
6 PM December 15 - Last Metro Council Meeting to Decide Future of Louisville Communications

Be there! Speak out!

Every citizen has the opportunity to speak to the Council for 3 minutes at the beginning of the Council meeting.

This is your chance. Right now.

Just call: (502) 574 1230
(You must call before 4 pm Wed November 14, 2005 to be allowed to speak. See below for details)

Tell them you want to talk about how cable affects you and your neighborhood, program, business, community or vision.

You won't have another chance for at least 4 years.

If the Metro Council acts now to revoke and renegotiate the cable franchise agreement with Insight / Carlyle, then that opens the door to build a media system which truly serves this community. If the Council votes to hold onto it's rights to oversee the system, rather than turn those rights over to the State (under HB 272), then there is a chance that the City can negotiate a truly open and empowering community cable franchise.

If the Council refuses to act, then the Carlyle Group takes over our cable system, shuts down independent voices, and Louisville loses our last best chance to control our communications future.

What would you put on our media wish list?

Community and Neighborhood Media Centers?
Multiple open Public Access channels?
Flat rate international phone service (VOIP) over cable?
Dedicated cable channels for community centers, neighborhood groups, volunteer organizations and charities?
Community cable commissions open to the public and empowered to address issues of concern to the community?
Local ownership rather than distant international corporations?
Channels and programs for students? For Seniors? For the diverse minority and immigrant voices of our community?

Bring your neighbors, friends, fellow media makers, neighborhood activists, artists and storytellers, and more. Show support for a communications future that serves the best dreams and aspirations for a culture of creative media and community communications in Louisville!

This is the last chance for citizens to address the City Council before Louisville loses the communications fight.

Contact information to speak to Metro Council:

Kathy Herron
Louisville Metro Council Clerk
601 West Jefferson Street
Louisville KYÂ 40202
(502) 574-3902
(502) 574-1230
FAX 574-3363
Email: kathy.herron@louisvilleky.gov

Rumor has it...? City drafts second opinion to let cable company off the hook?

noreply@blogger.com (Anonymous) — Wed, 14 Dec 2005 14:56:00 -0500

Rumor has it...?

1) Has the City Law Department drafted a letter behind closed doors which contradicts the findings of the County Attorney? The first Opinion, submitted October 31, 2005 found that the Carlyle and Insight Acquisitions moves are ownership transfers illegal under the current ordinance, which require Ciity approval for ownership transfers over 10%. “We look at it as a 60-percent change of ownership,” County staff attorney Bill O’Brien told LEO magazine in supporting the first opinion from the County Attorney's office (See "Right of the Dial" article below).

Does a second letter let Insight - Carlyle off the hook to pursue their business together and shut down diverse voices in Louisville....?

If so - whose idea was it? The Mayors'?

2) Hmmm....

If the Metro Council Contracts Committee chose not to act on the recommendation of the County Attorney that the Carlyle transfer was illegal, does this mean that Metro Council becomes liable for the acts undertaken by Insight - Carlyle while exercising an illegal ownership?

For instance shutting down access to the only independent local television station on basic cable...?

And how does the City - and Citizens - deal with this sort of thing?

Open Letter to Metro Government Officials

noreply@blogger.com (Anonymous) — Wed, 14 Dec 2005 14:51:00 -0500

Dear Metro Officials,

A new cable action website has been set up to provide a common portal for local information and discussion on the current cable crisis in Louisville. Many different community groups and individuals are involved in developing it.

Please take a look at: http;//louisvillecableaction.blogspot.com

Many local government officials and citizens are in the dark about the Louisville cable system. As citizens have talked with each other and Metro representatives it has become clear that there is a great need for common discussion and action, particularly on the issue of revocation and renegotiation of the Cable Franchise, as called for in the County Attorney Opinion delivered to you over a month ago.

Of course many citizens are now aware of the crisis, looking for leadership and wondering what to do to learn more and take action. After all, it is now common knowledge that if the Council and the City government both choose to avoid the issues, by December 31 Louisville will have lost it's last best hope for a progressive community cable and communications system.

From community and Metro discussions it is our understanding that many Louisvillians don't know much about:

* the cable ordinance or franchise,
* the many articles and letters about the Carlyle takeover of Insight and broader local communications issues
* the reduction of citizen oversight
* the effect on students, neighborhoods, minorities, immigrants, cultural creatives,non-profits, job creation and other constituents and issues
* the negative effects of the shut down of community media and broadcast facilities here
* the lack of clear direction or involvement from community leadership in community communications issues
* they do not know the actual content and recommendations by the Jefferson Co. Attorney, to revoke and renegotiate the cable franchise.
* HB 272 and it's implications for local control
* the failure of the City to conduct Cable Reviews
* the absence of action by the Cable Commission
* the dramatic contrast in perspective of other communities with vibrant cable access and citizen oversight systems
* the dismal record of the Louisville cable franchise, described by one prominent expert in the field as "the worst cable franchise in the United States"

There is good news however, as well:
* Louisville has hosted some of the world's experts on community communications and media democracy, and a strong citizens network is emerging
* The Government of Louisville can choose RIGHT NOW to Revoke and Renegotiate the Franchise
* The Public Works Director can Hold Special Reviews of the Franchise right now
* The City can choose to invest in community media centers, pro-active long term planning, active and involved citizen based inquiries boards and commissions, and other acts to get Louisville Back on Track in the world of cable and telecommunications.

But it will take determined leadership, willing to look beyond the smokescreens and divisiveness of the current crisis to the real issues and opportunities.

Please take a look at Louisville Cable Action and the related links, and join the discussion.

Your leadership and perspective in solving the current crisis and planning for a creative communications future for Louisville will be most welcome.

http://louisvillecableaction.blogspot.com

Parents, Students, Mentors Speak Out at Press Conference - Attached: Thomas Jefferson Middle School Communications Magnet Program Brochure

noreply@blogger.com (Anonymous) — Tue, 13 Dec 2005 22:40:00 -0500

Thomas Jefferson Middle School, in partnership with WHAS - 11 TV, produces a daily student program broadcast on WYCS-24 TV and Kentucky Educational Television.

Students, parents and mentors from T.J., Waggener and other local schools participated in the December 14 Press Conference called by Dad's for Education in support of the student's rights, revoking and renegotiating the Carlyle - Insight cable franchise agreement and keeping WYCS TV 24 on basic cable.