("TWEAN") has provided cable television service in thie areas throughout theSouthern Tier of New York State through the Bnghamton Division of TimeWarner Cable ("Time Warner Cable"), Complant ¶ 9; Affidavit of David Whalen, ¶ 1.
The complaint contains eight claims in which plaintiff invokes rights under theUnited States and New York Constitutuions, the Cable Communications PolicyAct, 47 USC §§ 521-573 (the "Cable Act"), section 229 of the New York PublicService Law, and Article 9 of the New York Code of Rules and Regulations (the"New York Regulations"). In his first two claims, plaintiff alleges that TimeWarner Cable is in violation of New York Regulations because it has failed to provide sufficient channel capacity for public access programming. (Complaint, ¶¶ 37-45). Plaintiff's third claim alleges that Time Warner Cable has exercisededitorial control over public access programming in violation of section 229(3) of the Public Service Law, and 47 USC section 531(e) because it does not provide public access producers with a free live studio for a call in program (Complaint, ¶¶ 46-51). Plaintiff's fourth and fifth claims allege that federal law and the NewYork Regulations require Time Warner Cable to provide free studio time and production facilities to the plaintiff (Complaint, ¶¶ 52-66). The sixth, seventh andeight claims generally allege Time Warner Cable does not provide significantlocal origination programming, and that Huston's rights have been denied by thefailure of the mass media to provide programming in the public interest and bythe failure of local municipalties to effectively regulate cable television service.(Complaint, ¶¶ 84-98).In his petition for relief, the plaintff seeks an injunction requring Time Warner Cable to:1.provide free studio access and production personnel for public accesstelevision;- 2 -2.provide free classes to teach community members how to use productionequipment; and3.provide community education regarding public access.Complaint, ¶ 99.In addition to these specific requests, Plaintiff's request for relief asks that theCourt order Time Warner Cable to "commit" to various principles regarding public access.Plaintiff alleges that he lives in Binghamton, New York and has been active for