By Sheri McWhirter
TRAVERSE CITY -- Traverse City residents remain in the dark over the fate of local public access channels because city leaders deferred to a cable provider's demands that they remain mute.
City commissioners will consider a settlement agreement with Charter Communications at their Monday meeting. They won't publicly discuss pact details until then because Charter "precluded discussion prior to then," said R. Ben Bifoss, city manager.
City Attorney Karrie Zeits said settlement negotiations are nearing completion, but she would not say if public access channels temporarily will be returned to their familiar spots on the dial, or if money will change hands in the deal.
The city filed a federal lawsuit against Charter last fall in an attempt to halt the company's plan to move two public access channels on Dec. 1, including Up North 2 to channel 97 and Northwestern Michigan College 13 to channel 96. A federal judge denied the city's request for a temporary restraining order on Nov. 30 and Charter moved the channels the next day.
Channel re-organization is part of Charter's efforts to bring new high-definition and digital services to customers throughout northern Michigan, company officials said.
Traverse City-based Land Information Access Association is contracted to operate Up North 2 and was the first to draw the public's attention to the channel lineup switch back in September. Executive Director Joe VanderMeulen opposed the switch and said his concerns were rooted in the loss of public access channel branding efforts and potential decreased viewership at the new locations on the dial.
"I felt what Charter was doing really threatened the public good. I think people feel strongly about contributing and participating in democracy in their local community," he said.
He also would not discuss settlement details because Zeits instructed him not to, he said.
But VanderMeulen said the deal is "less than what we wanted," though it would "reduce the pain" of the public access channel changes.
Charter spokesman Tim Ransberger refused to discuss the settlement.
"It's our policy we don't talk about lawsuits or settlements to lawsuits until they are completed," he said.
Traverse City Mayor Chris Bzdok said he's a proponent of government transparency and considering public feedback in policy-making decisions. But the Charter suit calls for city leaders to play "with the cards we're dealt," he said.
"Generally my bias is in favor of the more information being the better. Sometimes we have to weigh competing considerations," Bzdok said.
Zeits said settlement specifics will be discussed immediately before commissioners vote and the public can provide input then.
The settlement initially was scheduled for commissioners' consideration on Jan. 18, but was pulled from the agenda because legal documents weren't yet prepared.
Monday's meeting will begin at 7 p.m. at the Governmental Center, 400 Boardman Ave. in Traverse City.
