Tuesday, December 27, 2005

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

Mayors Staff Receives Petition
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 ....

Friday, December 23, 2005

Louisville Speaks Out on Media Democracy, Cable and Communications


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

    Who was Willie Lynch?


    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 ...?



    ...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..."

    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

    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

    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

    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.

    Thursday, December 22, 2005

    What About Comcast?

    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...

    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.

    Monday, December 19, 2005

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


    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



    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.

    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

    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

    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.

    Sunday, December 18, 2005

    Background Information on Insight Cable - From Lousiville Media Reform

    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.

    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

    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"?

    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?

    Thursday, December 15, 2005

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

    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.

    Wednesday, December 14, 2005

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

    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 KY  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?


    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

    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

    Tuesday, December 13, 2005

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


    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.

    Press Conference: Insight Moving WYCS Channel 24 3:00 PM, Wednesday, December 14, 2005 - Community Groups: Please Forward & Join & Lend your Voice -

    Press Release December 13, 2005 3:00 PM EST:
    For Immediate Release

    WHAT: Press Conference: Insight/Carlyle Moving WYCS Channel 24
    WHEN: 3:00 PM, Wednesday, December 14, 2005
    WHERE: Metro Louisville City Hall, 6th St. Steps
    WHO: Dads for Education and other community groups

    Contact:

    Paris Anderson
    Communications
    Dads for Education
    (502) 447 0860

    Russ Clark
    President
    Dads for Education
    (502) 435 3689

    Email: dadsforeducation@yahoo.com

    Web links:

    Louisville Cable Action:
    http://louisvillecable.blogspot.com/

    Petition for Special Review of Louisville Cable and Communications Franchises:
    http://petitionspot.com/petitions/cable

    Press Release:

    "Dad's for Education
    Insight Moving WYCS Channel 24 - Call for Metro Action

    The decision by Insight Cable, to move WYCS 24 to a upper tier digital package, on the surface sounds like a business decision. In reality it is a divisive, corporate rip off, aimed at black, Hispanic and other minority groups.

    Tom Dorsey, in his Courier Journal article dated October 14, 2005, reports only two channels are being moved. TVONE (a national minority channel) which is currently on Channel 70 will be moved to the basic spot vacated by channel 24. Channel 24 will be moved to a Digital package which will decrease the potential viewership by 100,000 and cost the faithful $7.95 per month, which is approximately $95.40 per year.

    Dads for Education provides mentoring and support for students at several area schools, including Thomas Jefferson Middle School ("T.J"), Waggener, and others.

    Thomas Jefferson hosts one of the finest middle school multicultural student media centers in Jefferson County. WHAS TV serves as the corporate mentor for the media school magnet program at T.J. The JCPS "Our Kids" show, carried on WYCS channel 24, is produced by the students from the Waggener High School media center.

    The demographics of T.J. located in the Newburg neighborhood, reveal striking disparities: 76% of it's student body receive free or reduced cost lunches, while 65% of it's households are headed by single females. Other schools have similar poverty and social challenges.

    What are the consequences for students, families and the community of the Insight - Carlyle move to eliminate WYCS from the basic cable lineup?

    Here are some examples to consider:

    For every thousand students int he two schools, the Insight poverty pimps would literally be extracting $95,280 per year for box rental plus an additional $540,000 in service upgrade. This equals over $6635,280 per year from some of the lowest income families in Jefferson County just to see their kids on television.

    We, the members of Dad's for Education, representing the fathers, uncles, grandfathers and mentors of children in our Kentuckiana schools, want the public to know that channel 24 was created to promote local minority programs, as well as, provide a training ground for students who desire a career in the media industry.

    We feel Insight/Carlyle's greed and racist program policy is impeding WYCS from fulfilling it's mission.

    We call on the viewers to sign the petition supported by JCPS.

    http://petitionspot.com/petitions/cable

    We call on TVOne (which is owned by prominent black entertainers) to refuse to participate in a Willie Lynch Scenario.

    We call on the Metro Louisville City Council to act now by revoking and renegotiating the contract with the new owners of of Insight, the Carlyle Group.

    If you cannot come to the Press Conference, please lend your voice by contacting the Metro Council Right Now! Please do not delay - If the Council does not act now, there will not be another chance to create a community franchise and future for Louisville community television.

    Your Voice Counts!

    Please come to the Metro Council Meeting

    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)



    Contact Info for Metro Government:
    http://loukymetro.org

    Contact the Mayor's Manager of the Insight/Carlyle Franchise:

    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

    Metro Council Members:

    Leonard A. Watkins
    Council District 1
    574-1101
    leonard.watkins@louisvilleky.gov

    Dr. Barbara Shanklin
    Metro Council President
    District 2
    Phone: 502.574.1102
    Email: barbara.shanklin@louisvilleky.gov
    Assistants: Nilaja Meeks & David Riggs
    Phone: 502.574.2787 & 502.574.3451
    Email: nilaja.meeks@louisvilleky.gov
    david.riggs@louisvilleky.gov

    Mary C. Woolridge
    Council District 3
    Phone: 502.574.1103
    Email: mary.woolridge@louisvilleky.gov
    Assistant: Sharron Brown
    Phone: 502.574.3452
    Email: sharron.brown@louisvilleky.gov

    David W. Tandy
    Council District 4
    Phone: 502.574.1104
    Email: david.tandy@louisvilleky.gov

    Rob Haynes
    Phone: 502.574.3453
    Email: rob.haynes@louisvilleky.gov

    Cheri Bryant Hamilton
    Council District 5
    Phone: 502.574.1105
    Email: cheri.hamilton@louisvilleky.gov
    Assistant: Myra Friend Ellis
    Phone: 502.574.3907
    Email: myra.ellis@louisvilleky.gov

    George Unseld
    Council District 6
    Phone: 502.574.1106
    Email: george.unseld@louisvilleky.gov
    Assistant: Donna Sanders
    Phone: 502.574.3915
    Email: donna.sanders@louisvilleky.gov

    George Unseld
    Council District 6
    Phone: 502.574.1106
    Email: george.unseld@louisvilleky.gov
    Assistant: Donna Sanders
    Phone: 502.574.3915
    Email: donna.sanders@louisvilleky.gov

    Jim King
    Council District 10
    Phone: 502.574.1110
    Email: Jim.King@louisvilleky.gov
    Assistant: Rob Holtzmann
    Phone: 502.574.3855
    Email: Rob.Holtzmann@louisvilleky.gov

    Kevin Kramer
    Council District 11
    Phone: 502.574.1111
    Email: kevin.kramer@louisvilleky.gov
    Assistant: Graham Honaker
    Phone: 502.574.3456
    Email: graham.honaker@louisvilleky.gov

    Rick Blackwell
    Council District 12
    Phone: 502.574.1112
    Email: rick.blackwell@louisvilleky.gov
    Assistant: Jenny Parris
    Phone: 502.574.3457
    Email: jenny.parris@louisvilleky.gov

    Ron Weston
    Council District 13
    Phone: 502.574.1113
    Email: ron.weston@louisvilleky.gov
    Assistant: Steve Clark
    Phone: 502.574.3458
    Email: steve.clark@louisvilleky.gov

    Robert Henderson
    Council District 14
    Phone: 502.574.1114
    Email: bob.henderson@louisvilleky.gov
    Assistant: Larry Mattingly
    Phone: 502.574.3459
    Email: larry.mattingly@louisvilleky.gov

    George Melton
    Council District 15
    Phone: 502.574.1115
    Email: george.melton@louisvilleky.gov
    Assistant: Kevin Triplett
    Phone: 502.574.3918
    Email: kevin.triplett@louisvilleky.gov

    Kelly Downard
    Council District 16
    Phone: 502.574.1116
    Email: kelly.downard@louisvilleky.gov
    Assistant: Debbie Carroll
    Phone: 502.574.3461
    Email: debbie.carroll@louisvilleky.gov

    Glen Stuckel
    Council District 17
    Phone: 502.574.1117
    Email: glen.stuckel@louisvilleky.gov
    Assistant: Kip Eatherly
    Phone: 502.574.3462
    Email: kip.eatherly@louisvilleky.gov

    Julie Raque Adams
    Council District 18
    Phone: 502.574.1118
    Email: julie.adams@louisvilleky.gov
    Assistant: Ellen Reitmeyer
    Phone: 502.574.3463
    Email: ellen.reitmeyer@louisvilleky.gov

    Hal Heiner
    Council District 19
    Phone: 502.574.1119
    Email: Hal.Heiner@louisvilleky.gov
    Assistant: Stephen Ott
    Phone: 502.574.3464
    Email: stephen.ott@louisvilleky.gov
    www.HotlinetoHal.com


    Stuart Benson
    Council District 20
    Phone: 502.574.1120
    Email: stuart.benson@louisvilleky.gov
    www.stuartbensoncouncilman.com

    Assistant: Angela Webster
    Phone: 502.574.3465
    Email: angela.webster@louisvilleky.gov

    Dan Johnson
    Council District 21
    Phone: 502.574.1121
    Email: dan.johnson@louisvilleky.gov
    Assistant: Ray Manley
    Phone: 502.574.3090
    Email: ray.manley@louisvilleky.gov

    Robin Engel
    Council District 22
    Phone: 502.574.1122
    Email: robin.engel@louisvilleky.gov
    Assistant: Monica Hodge
    Phone: 502.574.3467
    Email: monica.hodge@louisvilleky.gov

    James Peden
    Council District 23
    Phone: 502.574.1123
    Email: james.peden@louisvilleky.gov
    Assistant: John N. Torsky, III
    Phone: 502.574.3468
    Email: john.torsky@louisvilleky.gov

    Madonna Flood
    Council District 24
    Phone: 502.574.1124
    Email: madonna.flood@louisvilleky.gov
    Assistant: Pat Zimmerman
    Phone: 502.574.3469
    Email: pata.zimmerman@louisvilleky.gov

    Doug Hawkins
    Council District 25
    Phone: 502.574.1125
    Email: doug.hawkins@louisvilleky.gov
    Assistant: Scott Harrington
    Phone: 502.574.3471
    Email: scott.harrington@louisvilleky.gov
    www.doughawkins.com

    Ellen Call
    Council District 26
    Phone: 502.574.1126
    Email: ellen.call@louisvilleky.gov
    Assistant: Leah Pepper
    Phone: 502.574.3472
    Email: leah.pepper@louisvilleky.gov

    Working Meeting on December 14 - Community Cable - Franchise Agreement; Metro Official Cancels Appearance Without Explanation

    Working Meeting on December 14 - Community Cable Franchise Agreement
    Metro Official Cancels Appearance Without Explanation

    From Louisville Media Reform Committee - http://louisvillemediareform.org

    The next meeting of the Louisville Media Reform Community will be 7pm Wednesday, December 14 in the mezzanine meeting room of the Main branch of the Louisville Free Public Library. It will be a working meeting with focus on the community cable franchise agreement - how open is the process, are diverse voices represented, is the public interest served?
    Jim Adkins, Director of Metro Public Works was scheduled as our featured guest in this discussion. His office notified us that no one from the office will be attending - no explanation was given.

    Please visit our Insight Cable page as well as the County Attorney Opinion on Insight and Carlyle page - John Hicks has done a masterful job pulling together background information for us. Another active member gained access to the County Attorney's Opinion. Metro Government and Insight appear sensitive to public scrutiny of this issue. Why?

    Mark Stanton, station manager at WYCS will bring us up to date on Insight's decision for his station.

    Go to http://louisvillemediareform.org for more info...

    Petition to Louisville Government to Review and Act on the Local Cable Crisis

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

    Act Now!!
    Time is critical. We need your signatures now!
    Please sign this petition online! Go to:
    http://petitionspot.com/petitions/cable and Act Now! Thank You!

    Please print, sign, get copies from your friends, neighbors and groups or clubs. This is the best chance Louisville and area citizens have to take a stand for media democracy.
    Or call your local Council person and the Mayor! (You can get their contact info at http://loukymetro.org )
    Let them know this matters! Thanks!

    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 LouisvilleÂ’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 itÂ’s tax and oversight authority over cable. The City must file immediately with the State to keep itÂ’s rights, and may need to change itÂ’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.


    Name Address City Zip Metro District? Phone Email
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    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

    For more information: http://louisvillecable.blogspot.com/

    Please sign this petition online! Go to:

    http://petitionspot.com/petitions/cable and Act Now! Thank You!

    Open Letter to Metro Council and City Government

    Open Letter to Metro Council and City Government

    Ready to write your Metro Council members and the Mayor? Here are some notes to get you started! - Time is short - write or call now!

    Below is the original letter to Councilor Owen and Metro Council members, with contributions from several Louisville Cable Action members and advisors. Citizens and community groups should feel free to borrow from and expand on this as fits their issues and concerns.

    The important thing is that Citizens write NOW, today!!
    By the time you notice that the programs and access that you wanted are gone it will be too late to do anything - act now!

    Since writing this, we have seen from several sources the Co. Atty. Opinion which clearly states that the Carlyle Group and Insight Acquisitions broke the law in failing to notify the City of the transfer of ownership, and that ALL issues of the franchise should be reviewed, including revocation and renegotiation of the franchise to address the public policy issues outlined below.

    Having been informed by Counsel that the law has been broken and that the franchise should be revoked and renegotiated, it appears that the Council and City Administration have a fiduciary and legal duty to act to protect the interests of their constituents in this matter, and the County Attorney Opinion has clearly identified what the next steps of remedy are.

    This is NOT an issue of a private commercial dispute or OR a protected first amendment issue. For the City or Metro Council members to adopt that spin would be a huge mistake, politically and in terms of the legal status of the City and citizens in this issue.

    The Co. Atty. Opinion explicitly dismisses those concerns and rightly concentrates on much more fundamental stakes.

    A more current citizen analysis and alert will follow shortly.

    Thank you for your time and consideration.


    Begin forwarded message:


    Date: November 17, 2005 2:59:01 AM GMT+03:00at
    To: tom.owen@loukymetro.org

    Subject: Media Democracy: Suggestions for Next Steps for Metro Council

    TO: Tom Owen
    Louisville Metro Council

    cc: Metro Council and concerned citizens

    Dear Tom,

    I am writing as you suggested, to highlight a few action steps that the Metro Council can take to deal with current cable franchise and telecommunications crises.

    The general problem is that the Metro Louisville area has not had good oversight of the public interest issues at stake in local cable and telecommunications. As you know, the last franchise agreements and the Metro reconciliation stripped most public access requirements and oversight authority from the franchise ordinance and the local Cable Commission. Now new State laws, particularly HB 272, and the takeover of Insight by the Carlyle Group, threaten to remove forever any significant local control. Pending federal legislation may further erode local authority.

    Metro Council and other local agencies have the opportunity right now to step in and correct things. But the deadline for action is only a month away, and will take firm leadership to resolve.

    I hope that the public committee process beginning November 17 with the Contracts Committee meeting chaired by Councilman Jim King will be a strong first step in the process. However, as I note below, it will take additional strong action by the Council, Metro Government and citizens to create positive outcomes to the current situation.

    Here are some of the key issues and action steps, summarized in bullet points and expanded below.

    1.1) Problem: Poor Public Access
    Solution / Metro Action: Require Insight/Carlyle to expand access channels and community sub-channels rather than capping access channels and eliminating sub-channels.

    1.2) Problem: Lack of Community Media Centers.
    Solution / Metro Action: Support the creation of a Louisville Community Media Centers Network.

    2) Problem: Lack of diverse, locally controlled or selected public affairs programming, specifically the shutdown of WYCS on local basic cable on December 31, 2005.
    Solution / Metro Action: Keep (addenda: or Add all local low power and full power VHF and UHF TV stations, including WYCS Channel 24) on the basic cable lineup, and require Insight /Carlyle to continue to include >local< minority and immigrant etc public affairs programming and content choice on the basic package.

    3) Problem: Improper transfer of ownership of Insight to Carlyle Group.
    Solution / Metro Action: Revoke the Insight/Carlyle Franchise - The remedy offered in the current franchise ordinance.

    4) Problem: KY HB 272 removes cable franchise oversight and taxation authority from Metro government.
    Solution / Metro Action: File to exempt Louisville from HB 272 by December 31, 2005, and work to repeal or amend the provision.

    5) Problem: A failed cable franchise and communications ordinance. Lack of mechanisms for Council or Citizen involvement and oversight in shaping our community's communications future.
    Solution / Metro Action: Revocation of the current franchise. Special review of the franchise. Regular review of the franchise. Public hearings and an empaneled citizens committee with broad representation to make recommendations for Community Communications policy in Louisville.

    I hope this is a useful summary and starting point for action by Metro Council and concerned citizens. There are a number of more substantive and in some cases more drastic measures which might follow if these direct steps are not taken now.

    Please let me know if there are worthwhile contributions I can make towards your work on these issues. And thank you for the good work you do in representing me and our neighborhoods to the Metro Council and in the community.

    Sincerely,


    Notes on Metro Action Proposals:

    1) Lack of substantial community access. There are two major examples of this, and two immediate correctives.

    1.1) Problem: Poor Public Access
    The Louisville public access channel (98) is full of grandfathered material and it is nearly impossible to get new content on in a timely manner. Unlike most cities which require the cable system to open up new channels to expand citizen involvement in community media, Insight/Carlyle has capped the growth of public access Channel 98. Moreover, the sub-channels and neighborhood studio origination which were supposed to be a part of the community's cable system have been abandoned.

    Solution: Require Insight/Carlyle to expand access channel.
    Require Insight/Carlyle to expand access channels and community sub-channels rather than capping access channels and eliminating sub-channels. Most good cable franchises now support a six channel set-aside for such expansion and Louisville should have at least that standard number available. Sub-channels for community centers, media centers, and neighborhoods and others should be reestablished.

    1.2) Problem: Lack of Community Media Centers.
    Louisville is the only City of its size in the US which does not have independent non-profit neighborhood community centers in place to provide access to equipment, training and collaboration resources for community communications by neighborhoods, social services and community organizations. These are usually funded through PEG (Public, Education and Government) fees paid as a percentage of subscription costs by the local cable company franchisee. Incidentally, these centers are the primary training ground for "cultural creative" in most cities - the place where people first use a camera, develop a production group, learn media literacy and otherwise gain the skills to become leaders and entrepreneurs in the information economy. Louisville's failure to develop such a community resource is a major reason for the inability of a strong independent media scene and economy to take hold here.

    Solution / Metro Action: Support the creation of a Louisville Community Media Centers Network.
    A Louisville Media Centers Network needs to be developed in collaboration with community organizations and supported with appropriate PEG funding (By reworking the franchise agreement) and community economic development resources. It won't surprise you to know that we already have a strategic [plan in development for such initiatives. Metro Council can partner with neighborhood and community organizations already involved in this work and help- us link with the specific economic development and other agencies needed to create these centers.

    2) Lack of Diverse locally controlled or selected public affairs programming. While there are many examples of this, I would like to focus on just one for now, since it is time critical and emblematic of the crisis in local cable and television here in Louisville:

    2.1) The shutdown of WYCS on local basic cable.
    WYCS TV 24 was established as a community television station with particular emphasis on minority voices and immigrant perspectives. Since it's founding, the station has appeared in the basic cable line-up, in large part because in this way Insight could point to the WYCS content as a means of showing their commitment to minority public affairs and local programming. This is particularly important in light of the "cap" on public access channels Insight has imposed. With the takeover by the Carlye Group, Insight has ordered WYCS off the air, depriving the community basic cable access to the only independent minority and community focussed channel in the region. The substitute programming, called for under the new Carlyle owners is neither locally produced nor chosen content.

    Solution / Metro Action: Keep WYCS Channel 24 on the basic cable lineup (addenda: and include all local UHF and low power stations as well). In addition to keeping WYCS on basic, the Council can require Insight to account for and establish a genuine public affairs and public access commitment to local programming and control of basic channels. Through its oversight, the Metro Council can require Carlyle / Insight to show how it is meeting it's community affairs requirements, including it's historic commitment to such programming through WYCS. If Insight/Carlyle or a future franchisee wants to add national channels to the lineup, they can do so by expanding the basic cable channels or by adding more national channels to their premium packages, but they should not be eliminating the only independent minority and immigrant focussed television station which addresses such public affairs programming from the basic lineup.

    3) Problem: Improper transfer of ownership of Insight/Carlyle.
    Twice in the past year, Insight has been sold and ownership transferred, once in Spring 2006 when the cable companies founders bought back the company, and again in July 2006 when they sold the Company to the Carlyle Group. Under the Metro Franchise Ordinance, the City MUST be notified and approve of the transfer of ownership before any such deal can be concluded or new owners exercise control of the system. In neither case have we seen any record of such notification and the City has never approved such transfers. This is a central requirement in the Metro Franchise ordinance, so critical to community control of the franchise that the major sanction listed for violation of such notice and approval requirements is revocation of the franchise itself.

    Solution / Metro Action: Revoke the Insight/Carlyle Franchise - The remedy offered in the current franchise ordinance.
    The reconciled Metro Franchise ordinance calls for revocation of the franchise if the City is not notified and gives approval of ownership transfers when they occur. Insight / Carlyle failed to do so and began exercising management authority over the system despite this failure of notification and approval. Moreover, the other problems with the cable system point to failures of the franchise already. Therefore, significant remedies of all these problems are needed, and franchise revocation is the place to start. If Insight/Carlyle can satisfy these concerns in a competitive bid process to support a workable and legitimate franchise operation and transfer of ownership, they might be allowed to bid on a new franchise.

    4) Problem: KY HB 272 removes cable franchise oversight and taxation authority from Metro government. This portion of the Tax bill passed in the last legislative session allows for community's to request an exemption by December 31, 2005.

    Solution / Metro Action : File to exempt Louisville from HB 272 by December 31, and work to repeal or amend the provision.
    The Council should move to act and the City should file for the exemption to the bill immediately. In addition, the Council and City should work with the Jefferson Co. Legislative delegation, League of Cities and other interested parties to repeal or amend this provision and substitute legislation friendly to local community media oversight concerns.

    5) Problem: A failed cable franchise and communications ordinance. Lack of mechanisms for Council or Citizen involvement and oversight in shaping our community's communications future.

    The current cable franchise and communications ordinance lacks public oversight of on cable and community media and communications concerns. The reconciled cable ordinance and franchise contain many examples of failure of public oversight, and are emblematic of larger concerns with community communications in the Louisville area. The Cable Commission has been stripped of all oversight of franchise issues except rates issues and therefore does not really function at all as a "Cable Commission" but merely rubber stamps rate hikes. The Cable commission has met once since merger, and has not had public meetings or oversight at all. It consists of 5 city employees and 2 citizens. There is a "Telecommunications Commission" mentioned in the ordinance, but it's powers are not described and it has never been empaneled. The Cable Commission, by the way, appears to be the only City Commission which is not listed at all on the Metro Web site or handbook. The Public Works Director under the Deputy Mayor is left in charge of managing franchise oversight, and has the authority to call for regular and special reviews of the franchise but despite the many problems with the system has failed to do so. The Franchise itself fails to meet the minimal requirements found ion almost all other franchise agreement sin the US for citizen participation, demographic representation, public access and similar features of public involvement. And of course in the current technology and economic climate of convergence and participatory technologies, there are many many public policy issues of critical importance to the community which are simply not addressed at all under the current ordinance and oversight arrangements.

    Solution / Metro Action: Revocation of the current franchise. Special review of the franchise. Regular review of the franchise. Public hearings and an empaneled citizens committee with broad representation to make recommendations for Community Communications policy in Louisville.
    Revocation of the current franchise due to failure to get approval of the City prior to ownership transfer or for several other salient reasons as spelled out in the franchise ordinance would open up the process for a clean reworking of the franchise and new bids. The Public Works Director can, with Metro Council encouragement, call for a regular review of the franchise. The Public Works Director can, with the request of 100 or more citizens, call for a special review of the franchise. The Metro Council can hold hearings through both the Contracts Committee and the Public Affairs Committee on the broader policy implications and opportunities for the City in developing a comprehensive and thoughtful community communications plan and new franchise ordinance that serves the needs of citizens and enterprise with appropriate oversight and opportunity. The Metro Council, the Mayor, and community groups can also undertake one or several independent reviews of overall community communications policy and make recommendations which involve a broad cross section of the community in making informed choices about the array of policy and technology opportunities our community faces.

    Jefferson Co. Attorney Opinion: Insight Communications Sale or Merger

    William P. O’Brien
    Civil Division Director
    Brian K. Newman
    Director

    To: Councilman Jim King, District 10

    From: Bill Warner, Staff Attorney
    Research Ordinance Commission
    Jefferson County Attorney’s Office

    Date: October 31, 2005

    About: Insight Communications, Inc.
    Sale or merger


    You have asked for information about the sale or merger of Insight Communications Company, Inc. [hereafter, Insight Communications”]. We are pleased to provide the following:

    Executive Summary

    1. Our research indicates that the series of transactions involving Insight Communications, Insight Acquisition Corporation [hereafter, “Insight Acquisition”], and the Carlyle Group [hereafter “Carlyle”] which involved Insight Communications’ “going private” clearly involve a “sale, merger, or transfer” of Insight Communications such as to trigger the application of Metro Government ordinances requiring Insight Communications to seek Metro Government approval of the corporate entity which evolved from these transaction[s].

    2. From the information presently available to us concerning the transactions at issue, we believe that it should be presumed that (a) Insight Acquisition, or Carlyle, or both, have obtained an equity position in Insight Communications together with a likely change of control, or (b) that Carlyle’s $600 million payout in connection with the transactions has created a debt load for Insight Communications which could affect that company’s level of service. Either eventuality requires Metro Government review and approval under its ordinances.

    3. Since Insight Communications has elected not to file an FCC Form 394, there is no time limitation for approval or comment applicable to Metro Government under 47 C.F.R. § 76.502, or under any other statute or regulation.

    4. Under the Metro Code of Ordinances, and existing case law, the information which Metro Government may obtain from Insight Communications concerning the transactions at issue is limited to (a) organizational and financial information to aid in a determination of the financial stability of the successor entity, and (b) operational
    information relevant to a determination of the surviving entity’s ability to perform the terms of its Metro Louisville CATV franchise for it’s remaining term.

    5. Except for certain First Amendment-sensitive issues, there is no legal limitation on the issues Metro Government may raise with Insight Communications in the course of Metro Government’s reaching a determination as to whether or not to approve the surviving entity to continue the franchise.

    6. As Bill O’Brien advised the caucus meeting October 27, we believe that the Administration has the primary responsibility for dealing with Insight Communications concerning these issues, but the Metro Council has oversight authority as well as authority under LMCO 116.37(G) to terminate Insight Communication’s franchise. Mr. O’Brien also recommended that the Council work with the Mayor’s Office on these issues.

    7. While Insight Communications, as noted, has made no formal request for approval of the transactions at issue , we’ve located, and attached to this memorandum, a copy of an article, “Cable Franchise Transfer Requests: A Practical Guide to Community Responses,” by Jon Kreucher, which we believe includes an excellent roadmap for designing and carrying out a programmed Metro Government response.



    Analysis of the transactions by and between the current franchisee, Insight Communications Company, Inc., Insight Acquisition Corporation, and the Carlyle Group.

    The series of transactions was for the purpose of enabling the primary corporation, and the Metro cable franchisee, Insight Communications to “go private”, that is by buying out all the public shareholders, leaving the remaining entity in private hands. This was accomplished by consumating a merger agreement [emphasis ours], under the terms of which Insight Communications was essentially sold to Insight Acquisition which then was merged back into Insight Communications . Following the merger, Insight Communications is the surviving entity, becoming a “.... privately-held company owned by [The] Carlyle [Group] and the Continuing Investors. [emphasis ours] Financing for the shareholder buyout was provided by the Carlyle Group, a Washington D.C. area investment consortium.

    The press release indicates that, prior to the merger, Insight insiders [“continuing investors”] owned 14% of the equity and “62% of the aggregate voting power” of Insight Communications. SEC form 13D, Report of Acquisition by Large Shareholders, filed by Insight Communications March 6, 2005, contains a statement to the effect that “ .... it is contemplated that Insight would issue a new class of supervoting stock to [insiders and continuing investors] to ensure that they effectively retain control of Insight ...” [emphasis ours]

    The 13D filing does state, at page 2, Exhibit 7.03, that the merger transaction would be structured so as not to constitute a “transfer of control” under described partnership and credit agreements. However, exhibit 7.04, page 2 of the 13D qualifies that commitment, such as it is, to the point of virtual extinction where it states:

    “Statements in this release represent the parties’ current intentions, plans, expectations, and beliefs, and involve risks and uncertainties that could cause actual events to differ materially from the events described in this release .....”
    [emphasis ours]



    Legal status of Insight’s current franchise[s]

    Insight is operating under three separate ordinances: (1) Ordinance 32, Series 1994, adopted December 20, 1994 by the Jefferson County Fiscal Court [hereafter referred to as the “County Ordinance”] which granted Insight’s predecessor company a fifteen-year CATV franchise for all unincorporated areas in Jefferson County; (2) Ordinance 76, Series 1998, effective May 12, 1998 in the former City of Louisville [hereafter referred to as the “City Ordinance”]; and (3) Sections 116.01 - 116.51 and 116.99 of the Louisville/Jefferson County Metro Government Code of Ordinances [“LMCO”] effective January 6, 2003 upon merger of the former City of Louisville and Jefferson County.



    Government approvals involved

    Federal

    Insight has taken the position that FCC approval is not required for the described transactions involving Insight Communications, Insight Acquisition, and the Carlyle Group. Accordingly, Insight has not filed with the FCC, nor served Metro Government with FCC Form 394 required by 47 CFR § 76.502 [copy attached] which requires notice to a local franchise authority; as well as that the local authority “act upon” an application - that is, exercise its contact rights to question or approve a sale, assignment, or transfer of control - within 120 days of service of the Form 394 on the authority.

    Whether or not Insight chooses to seek federal approval of the transactions at issue, or not, is irrelevant to the plain requirements of the Metro ordinances cited above. Federal CATV regulation has carved out a permissible zone for local regulation, which clearly encompasses the requirements of the cited metro ordinances. These requirements, such as review and approval of transactions which involve the organization of franchisees, are clearly independent of federal regulation.




    State

    There are no state statutes or regulations which affect the issues addressed in this memorandum.


    Metro

    Section 41 of both the City and County ordinances as well as LMCO 116.20(E) and 116.37(A) and (B) require approval by the franchising authority, now Metro Government, where the franchise is assigned or transferred or, in the case of the metro ordinance, where the “right of control of any franchisee is acquired, disposed of, or transferred ....”

    By definition, there is a strong presumption that a “merger” of one company with another, as Insight has described the transactions at issue in at least one document, involves a “transfer of control.” Insight argues that this is not the case, and that the transactions will be designed to assure that “control” of the franchisee, Insight Communications, will not change. At the least, the issue is not clear. We believe that a reasonable construction of the cited sections of all three local ordinances is that they are designed to address, and redress, this lack of clarity. Further, their purpose is clearly to give Metro Government the right to ask for, and receive information about transactions involving franchisee corporate organization and governance which could arguably affect the franchisee’s ability to perform the services called for under the terms of the franchise.

    Serious questions remain as to where the Carlyle Group has ended up, or will end up, when the dust settles from all the varied and complex transactions described in the SEC filings involved. As noted, Carlyle is putting over $600 million into the deal. Assuming that Carlyle is not giving its money away, there are two other possibilities, or a combination thereof. One, that Carlyle is assuming some kind of equity position in the surviving entity, and the second is that Carlyle is, or is going to be, a creditor of the new entity.

    In the first instance, an equity position in a business corporation presumes a transfer of some element of control - or a detailed, verified explanation as to why it does not. In the second instance, the assumption of this level of debt could very well - as it demonstrably has in other “going private” situations - impair the corporation’s ability to perform its service agreements.

    In either instance, or a combination of both, the three ordinances clearly entitle Metro Government to review and approve the transactions at issue involving Insight Communications.

    There are also persistent, but unverified, reports that Insight Communications has a current agreement with another major cable company, Comcast wherein Comcast is entitled to purchase _ of Insight’s business, including Insight’s Metro Louisville franchise. There are two factors which make these reports credible, as well as important for the issues under discussion in this memorandum. First, Insight Communications already has what it calls a “50/50 partnership” with Comcast in several in Kentucky and three other contiguous states.

    Second, selling or trading off assets is a very frequent strategy used by corporations in “going private” in order to pay off debt created by the acquisition of publicly-held stock

    Finally, LMCO 116.37(C) requires the new entity, whatever it may be, and if approved, to execute a new agreement with the Metro Government, essentially on terms acceptable to the Metro Government.


    Information which Metro Government is entitled to receive

    LMCO 116.37(B)(1) sets out the kinds of information Metro Government is entitled to ask for, about the principals of the successor entity, and especially about its organizational and financial ability to perform the franchise. In addition, that section necessarily implies that Metro Government is entitled to a collateral level of information sufficient to clarify and verify the primary information explicitly spelled out in the ordinance.

    Beyond these categories of information, it is doubtful that metro Government can compel Insight Communications to furnish other information, unless the request is clearly relevant to the areas of oversight. This is not to say that LMCO 116.37(B)(1) limits the issues the Metro Government may raise in connection with an approval process, which is discussed in paragraph 5 of this memorandum, immediately following.


    Issues which may be considered by Metro Government

    As noted under paragraph 4, above, the primary issues in the approval process involve the management of the new entity, its financial stability, and its ability to perform the franchise. It is our opinion, however, that this does not in any way preclude the introduction of whatever issues may be “on the table” or otherwise apparent to Metro Government at the time approval is being reviewed. There are two reasons for this:

    First, most if not all these issues are likely to be related to the service being provided by the franchisee, and thus arguably relevant to the determination required under LMCO 116.37(B)(1)(c). Second, and probably most important, the approval process clearly involves an element of subjective discretion on the part of Metro Government which can be used to gain Insight Communications’ consideration of issues which may arguably be collateral or marginally relevant to the primary organizational and fiscal issues.

    _______________________

    Enclosures

    ! Letter dated October 6, 2005 from Laurence J. Zielke to William T. Warner
    !“Cable Franchise Transfer Requests”, article by Jon Kreucher
    ! Insight Press Release dated July 29, 2005
    ! 47 C.F.R. § 76.502 - Time limits applicable to franchise authority seeking consideration of transfer applications

    louisville cable action

    Louisville Cable Action is a website for Louisville and other communities in the current cable and media democracy crisis. Please post your comments.Add to our learning about the Carlyle-Insight takeover, the local and national politics of cable, new technologies and opportunities for community and global communications. This is a site to explore how we as Citizens can build a community communications system that reflects the needs, best hopes and aspirations of this community. Welcome!

    About Louisville Cable Action
    The keyword is ACTION. This is an Action Tank, not a think tank or discussion group only. Identifying problems is good. So are solutions. But the current crisis is about action: With Metro Government, with Carlyle, with Insight, and with community and neighborhood leaders, cultural creatives, media makers, and advocacy organizations. Please ACT! - and let us know about your successes today!

    Monday, December 12, 2005

    Right of the dial: Insight is shipping Your Community Station out into the digital ether - By Stephen George, LEO Weekly

    (We are publishing this as a fair use reprint for community information purposes. Please visit LEO Weekly at http://leoweekly.com for more good community news)

    Article published Nov 23, 2005

    Stephen George’s story about WYCS, which will soon move from its current spot (channel 24) on the Insight basic cable dial, is yet another story about the changing face of media. Media has long been big business, but the ongoing consolidation and influx of huge corporations have conspired to relegate community program to the hinterlands. There are questions about Insight’s merger with The Carlyle Group and whether the new arrangement requires Metro Council approval. The County Attorney is checking it out. Stay tuned. —Cary Stemle

    Right of the dial
    Insight is shipping Your Community Station out into the digital ether
    BY STEPHEN GEORGE

    “I am frightened by the imbalance, the constant striving to reach the largest possible audience for everything.” — famed TV journalist Edward R. Murrow, in a 1958 speech deriding corporate influence in TV

    Inside a double-wide converted motel room on Outer Loop — part of the dividing wall has been removed so the suite opens in a U shape — sits a gaggle of TV monitors and studio accoutrements that look mostly like muscled VCRs and the sort of gadgetry you’d find in the electronics section of a thrift store. The only aesthetic amenity, save for some family photos on Mark Stanton’s desk, is a moderately sized fish tank.

    It’s the modest headquarters of Your Community Station — better known as WYCS — where Stanton is general manager. Currently channel 24 in your basic cable lineup, WYCS is a low-power station that’s been on the air since March 1, 1996, broadcasting mostly minority-oriented programs aimed at Louisville’s African-American and Hispanic populations.

    On Jan. 1, WYCS moves to channel 759 and effectively becomes a premium channel, in the view of Stanton and Jerry Parham, chairman of the station’s board of directors.

    The move is not by choice, at least not WYCS’s. Insight Communications says its decision to replace WYCS with TV One is purely a business consideration. Currently on channel 70, TV One features nationally syndicated African-American programs like “Martin.”

    With WYCS leaving the basic cable lineup, only two Insight channels — Metro TV (25) and Public Access (98) — will carry exclusively localized programming. That’s a low number for a market this size — four less than Richmond, Ky., for example. (Though WYCS is not technically considered public access, as it has programming discretion, its focus is entirely community-based.)

    Advocates of community-based media, such as the Louisville Media Reform Group, as well as Stanton and Parham, contend that by squeezing the community station out of the basic cable lineup, Insight is lessening public service by catering to dollars. They also lament Insight’s media monopoly in Louisville, which has only been challenged once. (In 2000, the old Board of Alderman invited another cable provider, Knology, to Louisville. Insight petitioned against the city in state court, alleging city government violated terms of the franchise agreement by offering a better deal to a competitor. Knology sued both Insight and the city in federal court, claiming a violation of antitrust laws. After a knot of legal rulings that actually took a turn in Knology’s favor, the company never set up in Louisville.)

    Insight maintains WYCS programming is not compelling and that few people watch it.

    “We’re looking for quality African-American programming on the basic tier,” said Reba Doutrick, Insight’s community relations manager.
    There’s an interesting undercurrent to the discussion. In July, The Carlyle Group, a private equity giant whose principals include several important ex-politicos, merged with Insight. Carlyle bought roughly 60 percent, or $650 million, of the company’s equity, which formerly belonged to shareholders.

    Insight didn’t seek Metro Council’s approval for the deal, and shortly after it was announced, both the Mayor’s office and the council raised questions. The County Attorney’s office has examined the deal, and at last Thursday’s meeting of the council’s Contracts and Appropriations Committee, it advised council members that Insight may have violated a city ordinance requiring Metro Council approval whenever 10 percent or more of a cable provider is aquired.

    A public service?
    In September, WYCS was notified in a two-sentence letter from Insight’s corporate office in New York City that its transmission contract would not be renewed in 2006. There was no explanation. The letter was dated Aug. 19, three weeks after the merger announcement.

    Stanton and Parham asked for a meeting with Insight representatives but got no return call from New York. Parham spoke to Doutrick in Insight’s Louisville office, who said the decision was final.

    Stanton and Parham then began asking for viewer support in various forms, such as writing e-mails to and calling Insight and Metro Council members. Jim King, D-10, who chairs the Contracts and Appointments Committee, said at last Thursday’s committee meeting that he’d become something of a lightning rod for complaints about Insight’s decision to move WYCS.

    WYCS finally got a meeting with Insight in late October, where Stanton was told his station would move to channel 759 in Insight’s digital cable package. (Channel 24 is part of Insight’s basic cable package, which costs $14.48 a month. Viewers who want to receive WYCS after Dec. 31 will have to add the digital package for $7.95 more each month.)

    “It seemed like kind of a courtesy meeting,” Stanton said.

    Doutrick said Insight has gotten very little pushback from viewers.
    “(WYCS) had a crawl running about calling and expressing opinions,” Doutrick said, “and we went so far as to set up a special phone box to receive those because we didn’t want anything to interfere with customer service, and I think you may have heard (at the committee meeting) that we’ve had 16 contacts, and only 11 of those were phone calls. … But 16 is hardly a mandate.”

    About 270,000 Louisville households subscribe to basic cable, and about 110,000 households receive the digital package, Doutrick said.

    Insight’s move is within its purview. In fact, the Federal Communications Commission doesn’t require cable providers to carry any low-power stations in local markets. Insight must only carry full-power stations like Louisville’s big four — WAVE, WHAS, WLKY and WDRB — by the FCC mandate. But beyond news and seasonal specials, the big four run comparatively little localized programming.
    “We’re not only trying to fight for our own survival,” said Parham, the WYCS board chairman, “but we’re providing a public service here.”


    A programming decision

    “At this point, we’re trying to make our case with Insight on the merits of who we are and what we provide.” —Mark Stanton, in an interview last week

    Frankly, WYCS, especially in the wee hours of the morning and on until noon, shows a lot of stuff that can keep a person surfing. Most of it is infomercials, which is how they pay the bills. Compelling it is not.
    Still, WYCS is Louisville’s lone independent TV station. It does fill a localized programming niche that other channels simply don’t.

    Several programs are aimed at African Americans — like “America’s Black Forum” and the “Minority Business Report” — and WYCS is the only station that offers programming for the growing Hispanic population, including last year’s live broadcast of the Kentucky Derby in Spanish. Stanton estimates the station airs 20-25 hours a week of minority-oriented programming.

    Jose Donis, publisher of the Spanish-language newspaper Al Dia en America, has been planning a news show with WYCS for the last couple months to coincide with his local newspaper’s areas of coverage.

    Discussing the impending channel change on Monday, Donis said, “Being the only local TV channel that Hispanics could get something from, it’s bad news.”

    Additionally, WYCS carries a program called “Our Kids,” a unique partnership with Jefferson County Public Schools where students at the magnet communications programs at Fern Creek and Waggener high schools develop each show. JCPS deputy superintendent Marty Bell said that program was created so parents and community members can see public schools through students’ eyes. Though the show also airs on KET, he said he’s worried the move will adversely affect the additional viewership WYCS offers.

    WYCS also recently began carrying the left-leaning political commentary and news program “Democracy Now!.” It’s the only media outlet in Louisville carrying the show, which appears on radio and TV and originates from the Pacifica Network.

    “It’s always been imperative that we be in basic cable, because that’s our market,” said Parham, a former commercial lender with PNC Bank. Parham is also former president of the African American Venture Capital Fund, the Louisville-based investment firm that aids African-American entrepreneurs and which is the majority owner of WYCS. Stanton, a former accountant and CFO, worked at the fund before becoming the station’s GM.

    When WYCS is forced to move, Parham said, “we probably will have to wind the thing down.” It stands to reason that without a good surfing slot like 24 (who surfs to 759?), WYCS would no longer appeal to advertisers. “If you put us out there, you’re pretty much putting us out of business.”

    County Attorney’s examination

    “Prior approval of the Metro Government shall be required and obtained where ownership or control of more than 10 percent of the right of control of any franchisee is required, disposed of or transferred by a person or group of persons acting in concert.” —Metro Louisville Code of Ordinances 116.19, section E, adopted post-merger, 2003

    Mention The Carlyle Group in a room full of lefties and wait for the hiss. The company is the monolithic private equity firm staffed by such political titans as former President George H.W. Bush, former Secretary of State James Baker, former Defense Secretary Frank Carlucci (who roomed and wrestled with one Donald Rumsfeld at Princeton), and former British Prime Minister John Major. Before becoming president, Dubya was also on its board of directors. The company includes Saudi and other Arab ownership as well.

    Often accused of political arbitrage (basically insider trading but with politics — war profiteering, for example), the company is worth some $30.9 billion, according to its Web site, and has recently begun buying into media companies around the country.

    Insight is a hefty presence in the region, with 1.4 million subscribers in Kentucky, Indiana, Ohio and Illinois.

    The problem the County Attorney’s office found is relatively simple. Through the city’s franchising powers, Metro Council leases the right to operate to Insight. One provision of the city’s Code of Ordinances, to which the franchise is bound, is that the Council must approve any ownership change exceeding 10 percent.

    “We look at it as a 60-percent change of ownership,” staff attorney Bill O’Brien said in an interview Monday.

    Speaking before the Council’s Contracts and Appointments Committee last Thursday, Insight counsel Larry Zielke explained that despite the 60-percent change in ownership, Insight co-founders Michael Willner and Sidney Knafel still retain control of company decisions.

    The issue, then, may boil down to interpretation of the word “or” that links “ownership” and “control” in the city ordinance. O’Brien told the committee his office considers such a change in ownership without council approval a violation of the ordinance. Insight’s claim hedges on a different interpretation of the ordinance that requires council approval for a 10-percent change of company control.

    Chairman King asked O’Brien and his office to continue the examination and present findings to the full Metro Council at a later date. King assistant Rob Holtzmann said that hasn’t happened yet. The issue was not expected to come up at last night’s Metro Council meeting.

    Once presented the information, it’s up to the Council to decide whether Insight violated the city ordinance. “The ultimate repercussion is revoking the franchise,” Holtzmann said yesterday. “I don’t know that they’re actually looking at doing that. Anywhere in between not doing anything and revoking their franchise is a good question.”

    Contact the writer at sgeorge@leoweekly.com


    CUT FROM HERE IF NEEDED
    Also unclear is whether Insight’s new ownership composition had anything to do with the decision to move WYCS. Doutrick would only say that the decision was internal.
    Stanton doesn’t quite buy that. “We naturally feel that had something to do with this,” he said.
    Regardless, there’s little those outside of the cable provider can do to change WYCS’s immediate fate. Long term, however, the Council has the ability to reconsider the requirements in the franchise agreement — which is from 1998 and actually in two parts, one for city and one for Jefferson County, which were joined by the 2003 city ordinance — for providing community-based programming.

    Contact the writer at sgeorge@leoweekly.com


    Last changed: Nov 22, 2005

    Demand Letter to Insight from Jefferson Co. Attorney

    November 3, 2005

    Mr. Laurence J. Zielke
    Pedley Zielke Gordinier & Pence, PLLC
    2000 Meidinger Tower
    462 South Fourth Avenue
    Louisville KY 40402-2555

    Re: Insight Communications Company, Inc.;
    Cable Franchise

    Dear Larry:

    As you are aware, Insight Communications Company, Inc. [hereafter “Insight”] has recently entered into a series of transactions with Insight Acquisition Corporation and the Carlyle Group which involved a sale, merger, or transfer of the assets of Insight, or the ownership and control of Insight, or both.

    The Louisville/Jefferson County Metro Government [hereafter “Metro Government”] has determined that these transactions are such that, under the terms of the three ordinances under which Insight holds and operates its two franchises in Jefferson County, Insight was required to obtain the prior written authorization of Metro Government in order to continue to operate its franchises. Insight has not done so and is thereby not in compliance with these ordinances.

    We have carefully considered your October 6, 2005 letter to Assistant County Attorney William T. Warner. We disagree with your arguments and conclusions in that letter which state that Metro Government approval is not required.

    Accordingly, please consider this letter a formal demand on Insight by Metro Government that Insight immediately comply with the requirements and procedures set forth in Section 116.37 of the Louisville/Jefferson County Metro Government Code of Ordinances.


    Cordially,

    Original signed by:

    William P. O’Brien, Director
    Civil Division



    copies to:

    Ms. Christian Heavrin, Special Counsel to the Mayor
    Dr. Barbara E. Shanklin, President, Metro Council
    Mr. Rick Blackwell, Chair, Majority Caucus, Metro Council
    Mr. Kelly Downard, Chair, Minority Caucus, Metro Council
    Mr. Jim King, Chair, Contracts/Appointments Committee, Metro Council

    Steps Towards a Positive Cable and Media Future for Louisville: If you want a job done well … - by Rochelle Renford, LEO Weekly

    (We are publishing this as a fair use reprint for community information purposes. Please visit LEO Weekly at http://leoweekly.com for more good community news)

    If you want a job done well … Community media conference aims to teach media literacy

    Article published Nov 2, 2005

    If you want a job done well …
    Community media conference aims to teach media literacy


    If Gutenberg had foreseen the silliness that would emanate from his printing press, would he have gone ahead with it? That question probably won’t be answered at this weekend’s Alliance for Community Media regional conference in Louisville, but lots of substantive questions will be discussed.

    These days, when our schools are most worried about teaching to tests and when things that speak to the whole person, such as physical and arts education, are seen as extraneous, well, we’ve got problems. To that list, I’d add media literacy. It is difficult to think of anything that impacts our lives more, and yet, people are left to their own devices to make sense of it all. The downside of that reality will be widely discussed at this weekend’s media conference. Details below.
    —Cary Stemle, editor

    “We’re not in the business of providing news and information. We’re not in the business of providing well-researched music. We’re simply in the business of selling our customers’ products.”
    —L. Lowry Mays, Clear Channel co-founder and CEO,
    Fortune interview (2003)

    BY ROCHELLE RENFORD

    Everybody’s seen him. He has a ponytail at the nape of his neck, tied with a white bow. It nicely matches the tights that rise from his high-heeled loafers into his brown knickers. He’s proudly performing the manly task of brewing high-quality beer for the enjoyment of his fellow colonists — or as some like to call them, “England’s Bitches.”

    Today, however, Samuel Adams would probably be shocked to see that the American government is not only able to turn England’s flesh and blood prime minister into a ventriloquist’s dummy at will, but also that America’s corporations have become powerful enough to perform the same trick on a global scale.

    Adams probably expected the United States of America to become powerful, just not that the power would be used primarily on tasks such as convincing people that beer is worth more money if it gives the impression that it’s made just the way Adams used to make it. That is, without the impersonal steel machines and automation he’d probably have given his left nut for back when he was rolling 200-pound kegs across dirt floors in high heels and tights.

    Maybe Adams wouldn’t have ended world hunger, but it is hard to imagine that the innovative, history-book Adams wouldn’t at least have made beer so superior to the old stuff that history books would refer to it the same way they refer to quaint devices like the gramophone.

    Which leads us to today, and a world in which advertising often trumps actual products by manipulating how people think instead of making a product, says Matt Schuster, a member of Alliance for Community Media. The organization will hold a conference in Louisville this weekend, in part, to show people how to free their minds by understanding how advertisers manipulate them.

    “Without knowing what you’re seeing and looking for that stuff, you don’t wonder why all of the sudden you want a Coke,” he says.

    While other countries have embraced the idea of teaching citizens how to fight the urge to become unthinking automatons, the nation created by people who didn’t want to be controlled has pretty much stayed mum, Schuster says.

    “We haven’t really embraced that in the United States. I think we’d be considered largely media illiterate,” he says.

    The conference will point out how a nation of media illiterates is vulnerable to much more than bankruptcy by marketing. In such a climate, the ability to participate in — or reclaim — democracy, as the case may be, becomes increasingly limited, says Schuster.

    If people want to keep the rights they keep hearing about — whether they’re the ones shouted repeatedly by Rush Limbaugh or those Amy Goodman discusses with shrill desperation — they have to be educated enough to know a mirage when they see one.

    The corporate media message

    The marketing devices now sometimes called news didn’t actually start out as a product; it was a form of self-defense. It was so important that in 1776, Tom Paine wrote and distributed his pamphlet “Common Sense” — without a multi-million dollar printing facility, a battalion of distribution trucks or a few funny stories to keep the masses entertained.

    Why? Because he thought his fellow colonists had to know, among other things, that “… as the good people of this country are grievously oppressed by the combination [of the King of England and Parliament], they have an undoubted privilege to inquire into the pretensions of both, and equally to reject the usurpation of either.”

    Today, with the power to instantly provide Americans with information that’s vital to a democratic society, the TV media mostly use that power to inform us of the latest coup against some guy who’s been starving and stabbing people in the back, between takes of him scratching his nuts. Meanwhile, newspapers, often owned by the same company that broadcast the nut-scratcher, would never sink to anything so base as referring to testicles by the more popular term “nuts,” or use their vast profits to hire a team of investigative reporters to actually serve the public. Because that might piss off the folks selling the historic beer.

    At this weekend’s conference, citizens can learn how to use the media to make sure their voices are heard over all of the media white noise.

    For example, public access television wasn’t created solely as a platform for shows like “Wayne’s World.” The idea was to give the community the same access to the airwaves as corporate broadcasters. Anybody can walk in there, receive training and speak their mind, says Schuster, who operates governmental programming for Metro Louisville government.

    In Louisville, Insight runs the cable access program. Schuster doesn’t think the company does a bad job, but he doesn’t think it does a great job, either.

    In cities where the public access station is run by a non-profit organization, there seems to be more outreach and education, and the result is higher-quality public access programming, says Schuster.

    In cities with community media centers, more people are media literate and able to take on the tasks not handled by cable companies, he says. There are also more everyday citizens involved in the process of distributing — and dissecting — information.
    The dissecting part is crucial, Schuster says, because objectivity is impossible.

    “I think that’s what media literacy education is about,” he says.

    “[Understanding that] even when you’re an eyewitness, you put your own spin to what you saw. You start to understand you need to look further for information and dissect it. You need to read other news sources.”

    For more information about the conference, including registration information and a list of workshops, go to www.csregionacm.org (click on regional conference) or call Schuster at (502) 574-1904.


    Last changed: Nov 1, 2005

    Act on Insight/Carlyle - What You Can Do

    Act on Insight

    The problem with the Carlyle Group takeover of Insight Cable and their attempts to shut down WYCS-TV 24 is just one example of the local (and national) cable mess. But if readers act now, we can make a difference and foster creative local media alternatives in Louisville.

    Stephen George’s LEO article focused on Carlyle-Insight suppression of local minority and immigrant voices and the apparently illegal takeover without notice to Metro government. Yes, on the face of it, the Carlyle-Insight franchise should be revoked. But there are many other problems with the cable and communications franchise. Insight-Carlyle has capped public access channels. The reconciled franchise strips the Cable Commission of all public interest authority. Community media centers were eliminated under the current franchise. And these are just a few of the tips of the iceberg.

    Fortunately, LEO readers can act now to put things right. The current Cable Franchise Ordinance strips most 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, not just in Louisville, but in all the Kentucky and Indiana counties where Carlyle-Insight operates.

    Readers can make a difference right now: Please write the Director of Public Works to request a special review: Jim Adkins, director, Louisville Metro Dept. of Public Works, 444 S. Fifth St., Suite 400, Louisville, KY 40202; main switchboard: 574-5810; Jim.Adkins@loukymetro.org.

    Call on the Cable Commission under Deputy Mayor Larry Hayes (which has only met once since merger) to notify and invite the public to open and regular meetings.

    Please also contact your Metro Council members or local government representatives and ask that they hold open and extensive hearings through Public Affairs Committees NOW, on all the issues of the franchise (not just WYCS) before the Dec. 31 deadline Carlyle has set.

    And, of course, you can urge Carlyle-Insight to do the right thing and keep WYCS-TV on basic cable, open up their access channels, support genuine citizen oversight and so on.

    Please send a copy of your letter or petition signature to the Kentucky Alliance Media Committee so we can follow up with local officials and Carlyle-Insight. The address: Media Committee, KY Alliance, 3208 W. Broadway, Louisville, KY 40211; kyall@bellsouth.net.

    You can also read more about the issue and sign our online petition for a special review at www.petitionspot.com/petitions/cable.

    Thanks for your coverage of this important issue. It will take citizen action to build real media alternatives in this community. Locally and nationally we are swimming in propaganda. If we act now, we can open up the creative culture and genuine voices of this community.

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

    (This article ws originally published in LEO Weekly. We are publishing this as a fair use reprint for community information purposes. Please visit LEO Weekly at http://leoweekly.com for more good community news)

    Lack of Insight

    Lack of Insight - From letters to the editor, www.leoweekly.com
    First of all, kudos to Stephen George for his article “Right of the Dial” (Nov. 23 LEO). With the exception of a brief mention in The Courier-Journal in October, the local media has not previously covered the proposed move of WYCS (channel 24) to digital cable. It is important that subscribers to Insight Cable are made aware of a very serious issue concerning what they view on television.... click or cut and past this link to see more:
    http://tinyurl.com/7h6my