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. MILLER & HOLBROOKE INFORMATION SERVICES U~date i , DOCUMENTING LOCAL GOVERNMENT CABLE AND TELECOMMUNICATIONS ISSUES Volume 2 No.7 August 1994 SENATE COMMITTEE MARKS-UP S.1822 INSIDE AND MAITERS GO FROM BAD TO WORSE FOR LOCAL GOVERNMENTS Feature Article: +Senate Mark-up of S. 1822 On August 11, 1994, the Senate Committee on Commerce, At The FCC: Science and Transportation adopted a dramatically revised version of S. 1822, the Communications Act of 1994. From +Orde" Issuod 00 Exclusivity Roqut:Sts the perspective of state and local franchising authorities, the + Program Acc<:ss Provisions Broadenod + EfT""tiv.compotitionPIo:adingG uidline, revised bill includes the worst features of H.R. 3626, the +New Iersoy Grantod Video Dialtone companion legislation adopted by the full House on June 28 + New Rate Regulation Survey (see article in June/July issue of Update), plus additional + FCC Reorganization provisions that are also inimical to the interests, authority and +Cable Form 393 Spreadsh..t Available responsibility of local governments. Special Report: As originally introduced, S. 1822 recognized local franchising + u.S. West Cable Acquisitioo authority over providers of cable services, including telephone Documents: companies, and respected the right to receive fair + FCC Order 00 Program Access compensation for commercial use of public rights-of-way. + FCC Order on EfT""tive Competition (See February Update for article on the introduction ofS. +FCC Report on Rate Regulation Survey 1822.) The Committee, however, "turned the bill on its head," +Cable Form 393 Press Releases in the words of the National League of Cities. S. 1822 now mandates the taking ofIocal government property without compensation, removes local government control over the use and disruption of public rights-of-way, potentially reduces the revenue base on which cable operators are required to pay franchise fees, prohibits franchising of competitors to cable systems, and potentially threatens the ability of local governments to obtain institutional networks for their own use and local school use. At the Committee mark-up, only Senator Kay Bailey Hutchinson (R-TX), the junior member of the Senate, expressed concern about the impact of S. 1822 on the authority of local governments to control their rights-of-way and to receive fair compensation for its use_ Senator Hutchinson is working with local government organizations in an attempt to amend these provisions. Miller & Holbrooke Informalion Services, Inc. 1225 19th Street, NW Washington, DC 10036 (:01)785-8817 . Copyright 1994, MiU... ol Holbtoo..lnf""""tiOR Sorvia:s, too., WuhingtoR. D.C AU righ"_