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�� Moss & Barnett A Professional Association "... Today the majority simply accepts in every case that the big phone companies are right and the Iocal go�mments are wrong. This �Order] is breathtaking in its disrespect of our I'ocat and state govemment partners. " -F{;C CommissionerJonathan Adelster'n On December 20, 2006, the Federal Communications Commission ('FCC") voted 3-2 to adopt an Order in Docket No. 05-311 which will purportedly speed competition in the cable television industry ('Order"). The FCC's vote came down along party lines with the three (3) republican appointees voting in favor and the two (2) democratic appointees voting against the proposed Order. The text of the Order has still not been released leaving parties to base their views of the Order on statements from the Commissioners and the ��'s o�cial press release. The Order purportedly contains the following: 1. A 90-180 day shot clock for action by local franchising authorities ("i.�As"} on competitive franchise applications. A 90-day shot clock would apply to entities that already have facilities in the right-of-way with a 180-day shot clock for entities with no existing facilities in the right-of-way. a. I f an agreement is not reached, temporary authority would be granted to the applicant. I t is unclear whether an applicant would have any motivation to secure a local franchise that would likely impose additional burdens that supposedly would not exist under "temporary authority." b. The Order "at this point does not sketch out what option" the applicant would have for moving forward if an LFA made demands that the FCC deemed to constitute an unreasonable refusal to award a competitive franchise, Media Bureau Deputy Chief Rosemary Harold told reporters during a press briefing regarding the Order. c. Possible impacts. i. Cities may seek to amend local right-of-way code requirements strengthen provisions such as: permitting, insurance, indemnification, bonding, restoration, public safety and related matters. ii. Incumbent operators may seek relief from existing franchises which impose more burdensome obligations if competitors are allowed to operate under "temporary authority."