The untold dangers of public access TV How would you like to see a show call Tranny Talk on your local cable channel. It's a show for, by, and about transsexuals. Or may be you'd rather see a program promoting the white race as the supreme race. Throw in Nazi Skin Heads and black racists and you might have a combination that will beat the line-up on "Must See TV."

Two men, who ran a local cable issue program, believe that's what viewers will be in for if public access television comes to Asheville and Buncombe County.

Chad Nesbitt and Don Yelton, hosts of the "Citizens Speak" program have no doubt that's what citizens are in for. They believe so strongly that such controversial programs will be carried on public access, that they are ready to buy billboards and plaster the names and faces of Buncombe County Commissioners who vote in favor of public access on them. 
Don Yelton (left) and Chad Nesbitt

What is public access television?

Here is one description of Public Access television: Public access television is a means through which all members of a community have access to the most powerful means of communication in our society: television. Through cable television franchise agreements between cable companies and local governments, non-profit community access organizations provide equipment, training and channel time so that ordinary citizens can produce television programs and put them on cable television channels.

When they say "all members" they mean all.

The Association of Cable Access Producers (ACAP) says the group's mission is "to unite public access content producers and protect the public's right to access all public access cable facilities and services as provided by franchise," 

They go on to say that ACAP, a national non-profit organization, supports access by Individual Producer/Providers and members of the general public, to all public access telecommunications and production facilities, services and training, provided for public use, on a non-discriminatory basis.

The "non-discriminatory basis" includes, but is not limited to race, religion, ethnicity, disability, gender or sexual preference. They further state that, "Producer/Providers from all countries are invited to join us in our fight to preserve public access for all peoples throughout the world."

The "non-discriminatory basis" has led to some pretty interesting television.

The Detroit Free Press reported in August of 2003 that a judge in Grand Rapids, Michigan was deciding the fate of one Tim Huffman.

Huffman and his wife, Sally, are the producers of a public access half-hour variety show, called "Tim's Area of Control." The shows, which feature music, public service announcements and skits, airs at 10:30 pm. The show was usually laced with foul language, but not nudity.

However, a viewer complained to prosecutors about one skit that contained a dressed-up human penis telling jokes. 

The American Civil Liberties Union says the First Amendment protects Huffman, adding that no one in the nation has ever been prosecuted for showing nudity on television. 

The Detroit Free Press quoted Huffman saying, "If it's legal to show this kind of stuff in L.A., New York or Lansing, then it should be legal in Grand Rapids." 

Some cities that have voted for public access television have ended up doing an about face on the issue. 

The Detroit News reported that in 2002 officials in Shelby Township decided to stop funding public access television shows created by residents and said that the measure was aimed at saving money and improving programming.

"(Some shows) could be embarrassing and reflect poorly on the township," Shelby Township cable coordinator, John Martin said.

However, some cities have not found it so easy to cut off the public access channels.

In October of 2002, the St. Petersburg Times reported that a federal judge ordered Hillsborough County, Fl. to continue funding for public access. This after commissioners voted in September to discontinue funding of the channel.

Asheville and Buncombe County's public access issue will be decided by the county commissioners at their March 16 meeting.

This report was filed by Clint Parker for the Tribune.

You can contact:

Citizens Speak at their website http://conversation.suddenlaunch.com/

You can contact the commissioners at:

Nathan Ramsey
250-4006
FAX: 255-5535
nathan.ramsey@buncombecounty.org

David Young
274-2555
FAX: 274-4212
davidy@fugazync.com

Bill Stanley
828) 250-4007
bill.stanley@buncombecounty.org

Patsy Keever
250-4001
FAX: 255-5535
patsy.keever@buncombecounty.org 

David Gantt
252-2852
FAX: 254-4539
commissioner@davidgantt.com

Association of Cable Access Producers Bill Of Rights

1. Non-discrimination
Individual Public Access Producers, community producers and the general public, shall hereinafter be recognized as program providers, entitled to equal access to all public access facilities and services provided by public access operators on an equal and non-discriminatory basis, including but not limited to race, religion, ethnicity, gender, sexual preference, disability, or political affiliation. 

2. Public Access Facilities and Services 
Public Access facilities and services shall be deemed to include, but not be limited to cable, satellite, digital and all other telecommunications facilities and equipment, production studios, editing facilities, field equipment, mobile equipment and training in use of equipment and facilities provided for public access. 

3. Right to Organize 
The right of Individual Public Access Producers to organize on a local, national or international basis shall not be interfered with, directly or indirectly, by public access administrators, staff, political or governmental agencies. 

4. Reasonable Access
a. Access for all Individual Public Access Producers and the general public, to scheduling, assignment of broadcast time slots, equipment, studio production facilities, grants and training classes, shall be available to all certified producers during normal business hours on an equal and non-discriminatory basis 

b. Access to information regarding scheduling equipment, facilities, studio production dates and classes shall be available to all certified producers seven days a week, on a twenty four hour basis.

c. Appropriate staff shall be available to Individual Producers and the general public to support all facilities, services and equipment on a twenty-four hour basis.

5. Access to Public Documentation
Administrators of public access facilities shall make all documents, as required by law, available to individual producers and the general public, including but not limited to by-laws, franchise agreements, financial statements, budgets and operating plans, during normal business hours. 

6. Access to Personal Documentation/Files
Public Access operators shall make available upon request of any producer, any files or documentation relating to or regarding that producer. 

7. Equipment Maintenance 
Public access production facilities and equipment shall be kept in proper working order and maintained, repaired or replaced in a timely fashion.

8. Grants
a. Individual producers and community groups shall be entitled to a balanced and equal award of grant moneys.
b. Experienced public access certified producers shall be informed of any upcoming grant aid productions and shall be afforded an equal opportunity to participate as crew members in said grant productions with compensation. 

9. General Public Input
Individual public access producers shall have the right to vote in decision making processes of public access centers, including human and financial acquisition and dispersal, grant distributions, rules and regulations and educational programs that govern use of public access facilities and any and all ancillary policies that directly affect the producer public.

10. Disciplinary Actions
a. No certified individual public access producer, community group, or member of the general public shall be denied access to production facilities without due process.

b. Any disciplinary action deemed necessary against an individual or community group shall be documented in writing setting forth in complete detail the basis upon which said disciplinary action has been taken.

c. Public access producers shall have access to an independent arbitration board at each access center, consisting of one (1) certified arbitrator, one (1) individual producer representative selected by a general vote of individual public access producers, and one (1) public access representative.

d. Public Access Producers subjected to any disciplinary action shall have the right to an announced prompt public hearing. At said hearing the accused may present witnesses, documents and representation.

e. Individual public access producers shall have the further right to take any decision made at such public hearing to an outside arbitration board as defined in item 10 c. above.

11. Dissemination of Written Regulations, Revisions and Notices
Written regulations, revisions to said regulations and producer notices shall be promptly posted and disseminated to all public access producers and the general public.