Michigan Cities Turn to FCC for Answers in PEG Lawsuit

Attorneys for four Michigan communities have asked the Federal Communications Commission for answers to seven questions requested by a federal judge there to help resolve a suit over the movement of public, educational and government channels by Comcast Corp. The judge in the case, brought by the cities of Dearborn, Meridian, Bloomfield and Warren, Michigan, decided she couldn't conclude the case without direction from the FCC on the dispute. The federal agency has jurisdiction to determine how the federal Communications Act is interpreted, the judge ruled in October. The communities want answers to questions such as whether they can still regulate PEG obligations in a market subject to an effective competition ruling; whether the discriminatory treatment of PEG is an "unlawful evasion" of federal law; and whether Comcast can charge for equipment that is used only to view PEG channels. They also want the FCC to determine if PEG channels are still considered part of a basic tier if they've been translated into digital signals.