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CCP 09-26-1994
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CCP 09-26-1994
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<br />, . <br />,lePhone company over a video platform is assessment, rental or similar charge or <br />communications service -- not cable service equivalent from any telecommunications <br />.. and thus not subject to a cable franchise fee. provider for operating in the locality or using <br />H.R. 3626 allows franchising authorities to the public rights-of-way that distinguishes <br />collect a fee "in lieu of a franchise fee" from between providers, including the local exchange <br />telcos and other users of video platform. S. carrier. Promoted by companies such as <br />1822 contains no such provision. Metropolitan Fiber Systems under the name of <br /> "non-discrimination," the effect of this <br />. H.R. 3626 directs the FCC to establish provision is to lower such fees -. including fees <br />requirements for public, educational and from telephone companies providing video <br />governmental channel capacity oftelco programming -- to the lowest common <br />provided video platform systems. S. 1822 has denominator, which in many jurisdictions will , <br />no similar provisions. be zero. i <br /> ; <br />. Franchising authorities are also prohibited . Portions of S. 2195, the so-called "public , <br />from requiring a franchise for provision of space" bill introduced in June by Senator <br />telecommunications service by a cable Daniel Inouye (D-HI), were included, but at <br />operator, and may not require or prohibit the greatly reduced levels. (See article in June/July <br />provision of any telecommunications service by issue of Update.) Telecommunications <br />a cable operator. providers would be required to provide up to <br /> 5% of capacity on certain telecommunications <br />Ce combined result of these provisions is to systems and/or to offer preferential rates to <br />it franchising authority jurisdiction to "eligible entities." The list of "eligible entities" <br />traditional cable services (basically defIned as for these benefits now includes public and non- <br />one-way television type video programming) by profit libraries, schools, universities, health care <br />a cable operator or by a telephone company facilities, museums, charities, zoos, and public <br />operating a cable system, and to prohibit a broadcasting -- Bur NOT STATE AND <br />franchising authority role in any noncable, LOCAL GOVERNMENTS! <br />telecommunications service. No franchise, no <br />cable franchise fee, no public, educational or The bill also: <br />governmental access channels, or any other <br />requirement covered by the Cable Act may be . Sets the stage for potentially far-reaching <br />required of either the telco, its affiliate, any preemption of local government authority over <br />other user of the video platform, or any other zoning, planning, and control of rights-of. way <br />telecommunications provider. in a new provision giving the FCC authority to <br /> prescribe regulations that "permit joint <br />. State and local governments are also telecommunications network planning, design, <br />prohibited from requiring any permit, and implementation among all . <br />franchise, tax, or rights-of-way fee or any telecommunications carriers, cable television <br />. <br />MILLER& HOLBROOKEINFORMATIONSERVICES Update August 1994 Page 3 <br />
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