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<br /> . Y!ILLER & HOLBROOKE INFORMATION SERVICES U Qda te <br /> DOCUMENTING LOCAL GOVERNMENT CABLE AND TELECOMMUNICATIONS ISSUES <br /> Volume 2 No.7 August 1994 ~ <br /> SENATE COMMmEE MARKS-UP S.l822 <br /> INSIDE AND MATTERS GO FROM BAD TO WORSE <br /> FOR LOCAL GOVERNMENTS <br /> Feature Article: <br /> +Senate Mark-up ofS. 1822 On August 11, 1994, the Senate Committee on Commerce, <br /> At The FCC: Science and Transportation adopted a dramatically revised <br /> version of S. 1822, the Communications Act of 1994. From <br /> +Orde" Issued au Exclusivity Requests the perspective of state and local franchising authorities, the <br /> +Program Access Provisions Broadened <br /> + Elf<:cliv"competitionPl""dingGuidlines revised bill includes the worst features of H.R. 3626, the <br /> +New Jersey Granted Video Dialtone companion legislation adopted by the full House on June 28 <br /> + New Rate Regulation Survey (see article in June/July issue of Update), plus additional <br /> + FCC Reorganization provisions that are also inimical to the interests, authority and <br /> +Cable Form 393 Spreadsheet Available responsibility of local governments. <br /> Special RepoJ1: As originally introduced, S. 1822 recognized local franchising <br /> +U.S. West Cable Acquisitioo <br /> authority over providers of cable services, including telephone <br /> DoclJIllents: companies, and respected the right to receive fair <br /> +FCC Order on Program Access compensation for commercial use of public rights-of-way. <br /> + FCC Order 00 Elf<:ctive Competition (See February Update for article on the introduction ofS. <br /> + FCC Repon on Rate Regulation Survey 1822.) The Committee, however, "turned the bill on its head," <br /> +Cable Form 393 Press ReI"",es in the words of the National League of Cities. S. 1822 now <br /> mandates the taking oflocal government property without <br /> compensation, removes local government control over the use <br /> and disruption of public rights-of-way, potentially reduces the revenue base on which cable operators <br /> are required to pay franchise fees, prohibits franchising of competitors to cable systems, and potentially <br /> threatens the ability of local governments to obtain institutional networks for their own use and local <br /> school use. <br /> At the Committee mark-up, only Senator Kay Bailey Hutchinson (R-TX), the junior member of the <br /> Senate, expressed concern about the impact of S. 1822 on the authority of local governments to control <br /> their rights-of-way and to receive fair compensation for its use. Senator Hutchinson is working with <br /> local government organizations in an attempt to amend these provisions. <br /> Miller & Holbrooke Information Services, Inc. 1225 [9th Street, NW Washington, DC 20036 (::'02)785-8827 <br /> . Copyright t994. Mill..", Holbroo" Iof.....tion Scrvia:s, I""~ Wubingtoo, D.C All rights__ <br />