Subject: [NEXTEL-1] Seeking NY Public Access people with a gripe against the PSC

From: Marcel <[email-masked]>
Date: Mon, 05 May 2003 15:07:48 -0400

-------- Original Message --------
From: "Rusty Monroe" <[email-masked]>
Subject: RE: Seeking NY Public Access people with a gripe against the PSC

Yes, I am. As consultants to several communities in New York vis-a-vis
safety inspections, subsequent enforcement of safety codes and franchise
renewal, we have a rather complete history of the PSC's (laissez-faire)
attituide about this, including issuing an inspection report stating that
there were no safety violations, when we had photographically documented
proof of hundreds of safety violations in each community (representing just
a portion of each of the communities). They have subsequently filed an
Article 78 against the PSC for it actions that is currently pending.

We also just recently one a lawsuit filed against us by Time Warner (in
federal district court) related to the same issue. The court ruled in our
favor on every single issue and even went so far as to award us costs, which
is extremely unusual for a defendant.

There is a long history of this issue vis-a-vis safety issues and the New
York PSC which is patently anti-municipality and pro-industry and we have
been involved in just about every one.

There are other franchise-enforcement related matters where the PSC has
taken a similar position, i.e. that not complying with material conditions
of the franchise was not something the community should concern itself with
or where the PSC claimed preemption vis-a-vis enforcement.

Call if you would like to discuss, i.e. to the extent that I am permitted to
do so.

Rusty Monroe, President
The Center for Municipal Solutions
(518) 477-8000

-----Original Message-----
From: Bill Huston [mailto:[email-masked]]
Sent: Sunday, May 04, 2003 7:25 PM
To: Bill Huston
Cc: [email-masked]; [email-masked];
[email-masked]
Subject: [municable] Seeking NY Public Access people with a gripe
against the PSC

(Richard E., I think you are correct. Thus...)

Some of you probably are aware of the lawsuit I filed against Time Warner
Cable: http://BinghamtonPublicAccess.org/special/lawsuit

I am contemplating a new and separate lawsuit against the NY Public
Service Commission for torts suffered due to denial of certain civil
rights (by cable providers), due to the PSC's lack of enforcement of
existing codes and statutes. (This may be under 42 U.S.C., § 1985)

If you have any well-documented examples of

  1) The PSC granting new franchises or renewals where the
     franchisee is not in compliance with the law or
     existing franchise, especially w/r/t public access
     (where no one may have complained, but it should have been
     easy to spot had anyone performed a simple audit)

  2) The PSC being non-responsive to complaints of clear
     examples of franchise violations or NY code / law violations,

... especially events which have occured within the past year, and you
would like to join my lawsuit (the more the merrier!), please contact
me with the details.

Best Regards,

Bill Huston
342 Park Ave
Binghamton, NY 13903
607-724-1755
[email-masked]

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