After months of careful consideration and many attempts to resolve differences, the Cities of Los Angeles, El Segundo, and The Cable Commission of Sacramento County have filed the a lawsuit opposing AT&T’s implementation of the 2007 Digital Infrastructure Video Competition Act (DIVCA). The document can be viewed at: http://www.lacity.org/ita/stellent/groups/departments/@ita_contributor/documents/contributor_web_content/lacity_007049.pdf
To quote from one paragraph of the lawsuit filed May 21, 2009 – AT&T California is in violation of the DIVCA State Cable Franchising Law as follows:
- The quality and functionality of the PEG signals made available only via (AT&T California’s) PEG platform is not similar to that offered by commercial channels on Defendant’s U-verse video within the meaning of California law.
- The AT&T U-verse PEG programming is accessed and selected differently;
- The PEG platform functions differently;
- The PEG platform does not pass through information that is passed through on commercial channels.
- The quality of the PEG platform and the commercial channels is also not similar.
This will be a very significant case because similar legislation has passed in 19 different State Legislatures over the past two years. Those opposed to AT&T’s implementation of the law point out that PEG channels on the AT&T U-Verse system are delivered in a manner substantially inferior to other cable channels. The court is being asked to determine if AT&T has violated the law and what, if any, changes will need to be re-engineered to make U-Verse PEG channels compliant with DIVCA. The final resolution of the case may determine the future of PEG cable channels in California and many other states.
