CCP 09-26-1994 - Laserfiche WebLink

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