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<br />. <br /> <br />NLC urges cities to join response to <br />FCC ruling on. cable modem service <br /> <br />. <br /> <br />Ann Higgins <br /> <br />The League has received a request <br />from the National League of Cities <br />(NLC) to w:ge cities in Minnesota to <br />join a national strategy to respond to <br />recent actions by the Federal Com- <br />munications Commission (FCC). <br />NLC is developing a challenge to the <br />FCC declaratory ruling that cable <br />modem service offered over local cable <br />systems is an information service, not <br />subject either to state or federal tele- <br />communications regulations nor to <br />local cable franchise requirements or <br />to federal cable service regulation. The <br />FCC also issued a further notice of <br />proposed rulemaking (NPRM) that <br />raises questions about how cable <br />modem service, which the FCC has <br />termed an "interstate information <br />service," should be treated vis-a-vis <br />access to public rights-of-way as well <br />as with regard to other community <br />and subscriber interests. <br />NLC has voiced its concern <br />about the importance of the FCC <br />ruling and the adverse impact on local <br />government revenues. A nwnber of <br />cable companies, including AT&T, <br />Charter, and Time-Warner, have <br />already told local cable franchise <br />authorities they are halting payment <br />of cable franchise fees on revenues <br />from cable modem services they offer. <br /> <br />NLC has noted that as major stake- <br />holders in this debate, cities are the <br />single, largest landlord for cable system <br />operators and telephone companies, <br />and that the loss of franchise fee <br />revenues has implications fur city funds. <br />The League encourages cities to <br />refrain from submitting comments to <br />the FCC since NLC plans to work in <br />collaboration with cities and other <br />local government associations to address <br />the important issues raised by tl)e <br />FCC actions. The League agrees that <br />working with NLC and with other <br />national associatio~uch as NATO^, <br />which represents local cable franchise <br />authorities-allows local governments <br />to speak with one voice on these <br />important concerns. NLC is planning <br />to develop comments to be submitted <br />to the FCC on behalf ofNLC direct <br />member cities (61 cities in Minnesota <br />are direct members) and other local <br />government groups. NLC also plans <br />to develop a brief set of questions for <br />cities to help collect data and deter- <br />mine the amount and implications of <br />city revenue losses. And, NLC is <br />examining other legal options in the <br />cotuts, plans to communicate to <br />members of Congress the impact of <br />the FCC ruling on cities, and to work <br />on a legislative remedy. I" <br /> <br />Transportation <br />funding conference <br />committee convenes <br /> <br />Anne Finn <br /> <br />If you have been fullowing the <br />legislative debate over transportation <br />issues, you know the bills that have <br />emerged from the House and Senate <br />have little in common. The Senate bill <br />includes a gas tax increase, indexing <br />of the gas tax, and a referendum <br />provision relating to a metropolitan <br />area sales tax to fund both highways <br />and transit. The House bill authorizes <br />the issuance of $750 million in trunk <br />highway bonds and contains no <br />funding fur transit or local roads. <br />Last week, the House and Senate <br />named the conferees that will be <br />charged with negotiating a transporta- <br />tiou-funding package (HF 3364/ <br />SF 2812). House conferees are: Rep. <br />William Kuisle (R-Rochester),Rep. <br />Mary Liz Holberg (R-Lakeville), Rep. <br />Al Jnhnke (OFL-Willmar), Rep. Tony <br />Kielkucki (R-Lester Prairie), and <br />Rep. Tom Workman (R-Chanhassen). <br />Senate conferees are: Sen. Dean <br />Johnson (OFL- Willmar), Sen. Dave <br />Johnson (OFL-Bloomington), Sen. <br />Mark Ourada (R-Buffulo), Sen. Julie <br />Sabo (OFL-Minneapolis), and Sen. <br />Roy Terwilliger (R-Edina). <br />The committee has met to hear <br />staff overviews of the bills and to take <br />testimony on transportation needs.As <br />this issue of the Cities Bulletin goes to <br />priot, conferees have yet to begin <br />negotiating publicly. It appears both <br />sides will have to make major com- <br />promises if the Legislature is to pass <br />a transportation-funding bill this <br />session. 'I" <br /> <br />April 10,2002 <br /> <br />Page 5 <br />