Channel swap on schedule, Saratoga, Los Gatos file suit

Restraining order against AT&T fails, hearing Oct. 5

KCAT moves to 15

By Steve Enders

They were hoping it wouldn't come to this, but the city of Saratoga and the town of Los Gatos have headed into legal battle with the mighty AT&T over its proposal to bump community access stations KSAR and KCAT off of Channel 6 to Channel 15.

The town and city attorneys together filed for a temporary restraining order against the communications giant on Sept. 17 in Santa Clara County Superior Court, in hopes of derailing the move, which is supposed to take place on Sept. 22. San Jose's KICU-TV would replace the two stations locally on Channel 6.

Unfortunately for the community access stations, a judge did not grant the order and instead called for a hearing to take place Oct. 5 where AT&T will be forced to show cause for why it thinks the channels should be moved. In the meantime, it appears the scheduled channel change is imminent.

"We are going ahead with the proposed change," AT&T spokesman Andrew Johnson said before the two sides went into court. "If there's a federal judge out there who will tell us not to, then we'd have to respect that. But this is the only place in the Bay Area where the change hasn't taken place, and this is the only place in the Bay Area where the change hasn't taken place, and this is the only place that still thinks the United States Supreme Court rules don't apply."

Johnson is referring to "must-carry" laws, which state that television stations can pick their channel position based on current channel position, an agreement between the station and cable company, or the local station's channel position in either 1992 or 1985.

Those rules don't apply to Saratoga and Los Gatos, attorneys say, adding that the move would constitute a violation of the franchise agreements both have with AT&T.

Johnson said that AT&T has offered to help make the move "as seamless and as transparent as possible," but the cities aren't convinced AT&T has made anything any easier.

An unsuccessful, last-ditch attempt to solve the dispute began on Sept. 9 between the cities and AT&T to try and come to an agreement. Acccording to Saratoga Mayor pro tem Stan Bogosian, both were willing to let AT&T take Channel 6, but not without something in return.

Saratoga was looking for approximately $300,000 from AT&T to ease the burden of the channel change and cover advertising costs, lost sponsorship potential and legal fees as well as intangibles such as what Bogosian described as a "loss of goodwill."

In the complaint filed in court Sept. 17, the cities only seek attorneys fees.

"We said we wanted some compensation," Bogosian said, "and Los Gatos is in the same situation. We hoped for progress on Friday, and nothing substantial came forward. They've offered us nothing. Maybe this will bring them back to the table to talk to us."

Bogosian said Saratoga's franchise agreement with AT&T lasts through 2008, and Los Gatos' through 2003. Bogosian said the cities have several options, including filing suit under breach of contract.

"I'm not interested in a long term battle with AT&T, but they can't expect us to hand it over on a silver platter either," he said.

Johnson, on the other hand, said, "It might be that the city would wish to challenge the U.S. Supreme Court and in that case, we wish them Godspeed. We also welcome them to spend their taxpayer money, and we'll be watching with keen interest."

Los Gatos Town Councilman Steve Blanton said the town wasn't asking for any specific amount of money, as Saratoga did. Rather, he wanted reassurance that wherever KCAT ended up on the dial that it wouldn't ever be bumped again.

"We have been willing to listen and willing to be cooperative," he said. "People in Los Gatos are used to looking for community programming in a certain place. Moving it would be injurious."

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