Noncomm DBS set-aside upheld in Time Warner v. FCC decision, 1996

This 1996 federal Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of DBS operators’ channel capacity [DBS provision]. The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. [Current coverage: appeal verdict, FCC rules.]

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996

No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS

ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS

Consolidated with Nos.

Reservation of noncomm DBS channels upheld, 1996

This 1996 Circuit Court opinion upholds a provision of the 1992 Cable Act that mandates noncommercial educational or informational programming on 4-7 percent of Direct Broadcast Satellite operators’ channel capacity (DBS provision). The law was not challenged by DBS operators but by Time Warner, which opposed many provisions of the Cable Act. The decision was a major victory for public TV, which had tried for years to obtain reserved channels in the new media that would be comparable to the FM and TV channel reservations of earlier decades. (Current coverage: appeal verdict, FCC rules.)

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Argued November 20, 1995; Decided August 30, 1996

No. 93-5349
TIME WARNER ENTERTAINMENT CO., L.P., APPELLANT/PETITIONER
v.
FEDERAL COMMUNICATIONS COMMISSION AND THE UNITED STATES OF AMERICA, APPELLEES/RESPONDENTS

ASSOCIATION OF AMERICA’S PUBLIC TELEVISION STATIONS, ET AL., INTERVENORS

Consolidated with Nos.

Wichita staff uprising forces v.p. resignation

Uneasy staff members have returned to their work at Wichita’s KPTS after demanding the firing of the station’s top two executives and prompting the resignation of Vice President Jim Lewis. But late last week they were still seeking the ouster of President Zoel Parenteau, and the Board of Trustees’ executive committee has declined to let them take their case to the full board. Board leaders said Parenteau already planned to retire when he turns 65 next July 26. Seventeen of the 24 full-time KPTS staff members petitioned the trustees July 12 to investigate the management of Parenteau and Lewis. “Zoel Parenteau and Jim Lewis have conspired …