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PUBLISHED: Sunday, January 27, 2008
Comcast fight joins federal case



A Macomb County court case against Comcast has been combined with a federal lawsuit, with several communities attempting to permanently halt the cable company’s movement of local access channels to higher-numbered digital channels.

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Macomb County Circuit Judge David Viviano, in response to a lawsuit filed by the city of Warren, granted a motion for a temporary restraining order Jan. 14 that prohibited Comcast from relocating public, educational and government, or PEG, channels. The move, slated to occur Jan. 15, was to place PEG programming on digital channels in the 900s.

A hearing for a preliminary injunction on whether or not to make Viviano’s decision permanent was scheduled to take place Jan. 22, but the case has since been moved to the U.S. District Court in Detroit and combined with another case citing similar issues.

U.S. District Judge Victoria A. Roberts, of the Eastern District of Michigan, issued the same action Jan. 14 as Viviano did. The federal decision was made on behalf of a motion filed Jan. 11 by Meridian Township and Dearborn against Comcast, which stated the move would no longer keep PEG channels on the lowest service plan, limiting access to senior citizens and low-income subscribers. With the channel switch, non-digital customers would have to purchase a converter box to watch PEG programming after Comcast’s promotional offer of a free converter box expired after one year.

According to a statement made by Comcast Michigan Region Director of Communications Patrick Paterno, the cable provider is evaluating its options on how to proceed with the case and continue with plans to relocate PEG channels.

At press time, the federal court’s next hearing on the case has not yet been scheduled.


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