ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, February 6, 1991                   TAG: 9102060657
SECTION: VIRGINIA                    PAGE: B2   EDITION: EVENING 
SOURCE: Associated Press
DATELINE: NEWPORT NEWS                                LENGTH: Short


OBSCENITY CASE DROPPED AGAINST CABLE SYSTEM

Prosecutors have dropped obscenity charges against Newport News CableVision for failing to scramble the audio portion of some adult entertainment movies.

Commonwealth's Attorney Howard Gwynn said Tuesday it would be impossible to prove beyond a reasonable doubt that obscenity laws were violated, despite the opinion of some community leaders who labeled the soundtrack as pornographic.

Vice Mayor Bill Fitzgerald and the Rev. Bobby Collins, pastor of Denbigh Church of God, asked Gwynn to look into the matter. They argued the broadcasts violate community obscenity standards.

Even though the picture for the late night, pay-for-view adult movies is scrambled, the sound is still audible to about 7,000 out of 46,000 cable subscribers, the company said.

Newport News CableVision said it does not have the technical means to scramble the soundtracks. Company officials said the channel can be entirely eliminated by installing a converter box.

Collins and Fitzgerald, however, said subscribers should not be required to install converters to screen out something they haven't asked for.

Collins said he plans to write to Rep. Herbert Bateman, R-Newport News, and Virginia's U.S. senators about the issue.

Fitzgerald said he's waiting for a written response from the Newport News prosecutor before deciding what to do next.



 by CNB