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Plaintiff,
v.
Defendants
12. Deny each and every allegation contained in paragraph 30, since
Section 595.4(b) only requires a system with a channel capactity
of 21 or more channels to "designate" (not "provide" as stated in
the complaint) (i) at least one full-time activated channel for
public access use; (ii) at least one full-time activated channel for
educational and governmental use. Time Warner Cable
"designates", as provided by statue, Channel 6 for public access
use and Channel 12 for educational and governmental use.
13. Deny each and every allegation contained in paragraph 31, since
the operator's use of "unused capacity" is allowable by law and
the programming offered is and can be adjusted (cancelled) to
provide any capacity needed for PEG programming.
15. Deny each and every allegation in paragraph 35. Since the
plaintiff has ocasionally produced a local access program, he
has not been denied use of channel capacity and to the contrary,
has failed to produce new/original/local programming. In fact at
one point in Feb/March 2003, Time Warner Cable repeated the
same show for six (6) weeks, as the plaintiff did not produce
any new programming. Time Warner Cable has designated and
utilized PEG channel capacity. Time Warner Cable does
promote Public Access through through the equipment and
capacity as prescribed by law, as well as by customer
notificattions appearing on its community bulletin board.
17. Deny each and every allegation in the complaint not herein
expressly admitted.
19. That the plaintiffs claims are barred by the applicable statute of
limitations,
20. The plaintiff is barred from litigating the issues raised in his
complaint due to his failure to exercise and exhaust his
constitutional, administrative, and/or judicial remedies under
federal and state laws and procedures.
21. The court lacks subject matter jurisdiction over certain of the
claims made by the plaintiff,
24. The plaintiff is barred from litigating the issues raised in his
complaint due to his failure to excersize and exhaust grievance
procedures.
25. The defendants allege that plaintiff has failed to join a party or
parties needed for the adjudication for the plaintiff(s) alleged
claims pursuant to the requirements to Fed. R. Civ. P. Rule 19
in that the plaintiff has alleged that his causes of action are
predicated on certain actions of the United States (Federal
Communication Commission), State of New York (Public
Service Commission), and the City of Binghamton. Upon
information and belief, each can be made a party to this action
without depriving this court of jurisdiction over the present
parties.
27. The relief sought by the plaintiff would not be in the public
interest