Tuesday, February 4, 2014

FCC Complaint Against ATT: failure to provide local tv channels

FCC COMPLAINT AGAINST ATT: FAILURE TO PROVIDE LOCAL TV CHANNELS
Hal Pepinsky, pepinsky@indiana.edu, “peacemaking” at pepinsky.blogspot.com
February 4, 2014
I have just filed this complaint online, FCC complaint no. 14-C00559543:

COMPLAINT: ATT UVERSE online FAILURE TO CARRY LOCAL CHANNELS VIOLATES “MUST CARRY” RULES

1.       I, Harold E. (Hal) Pepinsky, am an ATT Uverse online live tv paid-up subscriber.
2.       I normally receive 51-over 70 live cable tv channels on Uverse online.
3.       I am an inactive member of the Ohio Bar since 1968, reg. no. 0024994, in good standing.  As an officer of court, I swear and affirm that all statements in this complaint are true and complete. I hereby notify the ATT of my appearance in all matters that follow this complaint, pro se.
4.       I have just returned from the post office where I have served a copy of this complaint to ATT by registered mail, return receipt requested, to their registered office at ATT, 1209 Orange St., Wilmington, DE 19801.
5.       As an act of good faith, as soon as this complaint is filed with the FCC online, I will email a copy of the complaint to Veronica Watts, VW7892@att.com, the email address shown in the true and complete copy of her letter to me of January 30, 2014, copied here:
6.        January 30, 2014
Harold Pepinsky
519 Evergreen Circle
Worthington, OH 43085

Dear Mr. Pepinsky,

Re:  U-Verse Account 113261724

I am writing in response to your complaint to the AT&T Executive Office regarding service
concerns for the above-referenced account.  Customer service is vitally important to the success
of our organization.   We appreciate you taking the time to provide feedback and allowing AT&T
to address your concerns:

·         AT&T received a complaint on 01/24/2014 regarding viewing local channels 4,6,10, and
34 via the Internet on the computer.

·         AT&T advised local channels are not available for live viewing on uverseonline@att.net.

·         AT&T’s U-Verse technical support is available at 1-800-288-2020.

While I regres this resolution was not satisfactory for you, I do appreciate the opportunity to
address your concerns.  Should you have any additional questions or concerns regarding this matter, please contact me at 1-877-677-3215x7110, Monday through Friday, 8:00 a.m. to 5:00 p.m.

Thank you.

Veronica Watts
Manager – Office of the President
AT&T Executive Offices

[Form privacy notice inapplicable, deleted]

CONCLUSIONS OF LAW
7.        I have standing to file this complaint as a Uverse subscriber in good standing.
8.       As an officer of court swearing that this complaint is entirely true, and having mailed ATT the complaint registered, return receipt requested, to their registered office, I have complied with all service of process requirements of the Administrative Procedure Act, and if necessary, of the Federal Rules of Civil Procedure.
9.       The one material fact, that ATT doesn’t carry live tv signals on internet, is undisputed.  No investigation or fact hearing is necessary.  The matter is ripe for a decision on legal merit alone.
10.   The “must carry” rules apply to all providers of live cable tv signals.  It makes exceptions only for stations carrying fewer cable tv channels than ATT.  The purpose of the rules is to ensure that local channels, including for instance community meetings and billboards (which ATT does not even carry on tv receivers), have First Amendment access to live tv viewers.  The hardware that ATT uses to retransmit live cable tv is irrelevant.
11.   Therefore, ATT must take prompt reasonable action to come to terms with all local channels in the Central Ohio area in which I am served.

REMEDY
12.    I ask the FCC to order ATT to comply with my request that my Uverse service be provided me free of charge from the time I subscribed until they are in full compliance with the “must carry” rules.

CONCLUDING COMMENT            
13.    I recognize the large cost it will be to ATT to comply with the “must carry” rules, and therefore the gravity of the matter I now place before the FCC.  I would observe that had ATT not tried to cut legal corners (hoping no one would complain perhaps), the cost of compliance would have been far, far lower.  I ask the FCC to take the courageous, obvious course and enforce the law, and I thank them for their careful consideration of implications of the law at hand, first and foremost to serve the public purpose the rules were designed to serve.  I thank you at the FCC for your consideration of this complaint.
Respectfully submitted,
Harold E. (Hal) Pepinsky
519 Evergreen Circle
Worthington, OH 43085-3667
February 4, 2014

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