Akron Area Public Access Producers Continue Legal Fight For Free Speech : Cleveland IMC (((i)))

In July 2005, Federal Judge Dowd ordered Time Warner and the City of Akron to work out a settlement agreement with public access producer Rose Wilcher.
Wilcher filed a lawsuit in April 2005 against Time Warner and the City of Akron after they began imposing restrictions and fees on public access Tv producers in the Akron/Canton area. Effective 4/1/05, all programming aired on the public channel must be 100% local content. This has eliminated popular shows such as Democracy Now, UncommonSenseTv and Minister Farrakahn Speaks. In addition, producers must also pay a $25 fee each time a tape is submitted for airing. As a result of these changes the majority of the public programming has been eliminated from the channel in both Akron and Canton.

Wilcher has charged Time Warner and the City of Akron with violating Federal and local laws regarding PEG channels. She filed a taxpayer lawsuit in Federal court 4/1/05 in an effort to stop the changes from taking effect. She maintains that the motive was censorship. A recent story in the Free TImes had comments from Wilcher, several city officials and Time Warner VP Bill Jasso
Click here: The Cleveland Free Times ::: Ohio's Premier News, Arts and Entertainment Weekly
June 21,2006 The Naked Truth

Prior to the changes there was one show regularly airing nudity and porn. It featured girls from LA. Last weekend there were shows on Friday, Saturday and Sunday all featuring local nudity.

Wilcher and other Akron area producers maintain that the City of Akron has been allowing Time Warner to violate the local franchise agreements for about 20 years. They say that imposing the fee and restrictions is another way to inhibit the public from using the channel which is required by law. PEG channels are traditionally used by grassroots organizations and voices of political dissent. Local law requires Time Warner provide up to six channels for P(ublic)E(ducation)G(overnment) use. Akron only has one channel that is shared by all three. With Akron Public Schools broadcasting daily from 6am-10pm. Local law also requires TIme Warner to provide residents with a production studio, and training in TV production, in addition to access to a mobile production van. There has been no studio since approximately 1997. Training workshops stopped long before the studio was closed. The mobile production van is used by Time Warner employees and a fee is charged for their services.

Since Time Warner began charging the $25 fee, producers say that there have been numerous problems, including tapes being misplaced after being dropped off in Canton, no sound during their shows, blurred video, and wrong tapes being aired. Wilcher and other producers maintain that this is part of the continuing efforts to discourage people from watching and using the channel

Time Warner did not contact Wilcher or her lawyers after Judge Dowd ordered a settlement agreement be worked out. Instead they filed a motion for dismissal. Among their grounds for dismissal they stated that taxpayers such as Wilcher, were not granted any enforcement power by local or Federal law. The dismissal was granted without any discussion of a settlement agreement.

Akron City Council refuses to address the issue
of Time Warner violating the franchise agreement. A petition demanding they make Time Warner follow the law was filed by 17 Akron residents 4/4/05. It remains on the TIME agenda. A similar petition signed by 460 residents was filed in October 2005. It was totally ignored by City Council members

Wilcher has filed an appeal in the Sixth Circuit Court of Appeals. A mediation hearing is scheduled for 7/20/06.

A legal defense fund has been set up to help cover the cost of transcripts and court fees. All supporters of free speech are being encouraged to donate $2 to help cover these expenses. Time Warner is a multi-billion dollar global company and can afford to drag this case out for years. Time Warner is currently in the process of taking over Adephia's holdings in the Cleveland area.
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