Statewide Video Franchising Legislation
States to Watch:
CO | LA | ME | MA | MN | NY | PA | TN | UT | WA
With Federal legislation stalled in 2006 and unlikely for 2007, telephone companies have quickly turned to their Plan B: Statewide Video Franchising. In most cases, these video franchises over-ride local franchises and enable the telephone companies to begin to rollout their services to selected communities on a statewide basis.
Since 2006, a number of states have passed statewide video franchise legislation at the request of the telephone companies, other states are also considering legislation. Language varies between State Bills, but nearly all negatively impact on PEG, limiting the number of channels, cutting revenue streams and eliminating the possibility of future growth.
The telephone companies lobby heavily for these statewide franchises, spending upwards of 30 million on California alone. They promise 'competition' and 'lower prices' and pitch these as consumer bills, but in areas where telco video services have launched, prices largely remaind the same.
Below is a run down of current state video franchises. These bills move fast and are difficult to track, cross check our info here with Free Press to ensure you have the latest info.
Active State Legislation Bills likely to return in the next Legislative sessions.
Massachusetts Stalled Bill
Minnesota Stalled Bill
New York Stalled Bill
Tennessee Active Bill
Utah Stalled Bill
Washington Stalled Bill
Colorado Failed Bill
Louisiana Failed Bill
Maine Failed Bill
Pennsylvania Failed Bill
Passed State Legislation
Arizona
California
Florida
Georgia
Illinois
Indiana
Iowa
Kansas
Michigan
Missouri Passed 3/22/07
New Jersey
Nevada
North Carolina
Ohio
South Carolina
South Dakota
Texas
Virginia
Wisconsin
This page last updated 2/19/07
Recent State News via saveaccess: newswire
Bill Number(s):
House Bill 1222, The Colorado Consumer Cable Act
Status:
Postponed indefinitely by an 8-4 vote Feb. 2007 of the state House transportation and energy committe.
Description:
N/A
Organizations to Contact:
N/A
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This page last updated 4/21/07
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HB529 passed House and Senate and is awaiting Gov. Crist's signature. As passed, Build-out is banned and PEG support is reduced to 0%. The bill, in effect, ends and PEG channel support and legitimizes red-lining.
Bill Number(s):
S 1984 failed Read Bill
S 0900 failed Read Bill
HB 1199 failed Read Bill
HB 529 - Active Read Bill
HB 0855 - Stalled Read Bill
SB 1772 - Senate companion to HB 529 - Active Read Bill
HB 529 / SB 1772 Status:
01/23/07 HOUSE Filed
01/31/07 HOUSE Referred to Jobs & Entrepreneurship Council; Policy & Budget Council
02/15/07 HOUSE On Council agenda-- Jobs & Entrepreneurship Council,
02/22/07, 1:00 pm, Morris Hall
02/22/07 HOUSE CS by Jobs & Entrepreneurship Council; YEAS 11 NAYS 1
02/20/07 SENATE Filed
03/07/07 SENATE Introduced, referred to Communications and Public Utilities; Community Affairs; Finance and Tax -SJ 00116
03/11/07 HOUSE Now in Policy & Budget Council -HJ 00183
03/14/07 HOUSE On Council agenda-- Policy & Budget Council
03/16/07 HOUSE CS/CS by- Policy & Budget Council; YEAS 27 NAYS 3
03/19/07 HOUSE CS read 1st time on 03/19/07 -HJ 00222; CS filed; Placed on Calendar -HJ 00224
03/21/07 HOUSE Placed on Special Order Calendar; Read 2nd time -HJ 00237; Amendment(s) failed -HJ 00238
03/22/07 HOUSE Read 3rd time -HJ 00253; CS passed; YEAS 104 NAYS 8 -HJ 00253
03/28/07 SENATE In Messages
04/25/07 SENATE Received, referred to Communications and Public Utilities; Community Affairs; General Government Appropriations
04/26/07 SENATE Withdrawn from Communications and Public Utilities; Community Affairs; General Government Appropriations
04/27/07 SENATE Read 3rd time; Amendment(s) reconsidered,
04/27/07 HOUSE In returning messages
04/30/07 HOUSE Concurred -HJ 00859; CS passed as amended; YEAS 117 NAYS 2 -HJ 00865; Ordered engrossed, then enrolled -HJ 00865
Also see: Free Press State Policy Tracker
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Organizations to Contact:
N/A
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This page last updated 4/27/07
Recent State News via saveaccess: newswire
Bill Number(s):
HB 227, Consumer Choice for Television Act Read Bill
HB is on the verge of passage, approved by House and sent to the governor. 4/27/07
HB 227 Status:
01/31/2007 House First Readers
02/01/2007 House Second Readers
02/22/2007 House Committee Favorably Reported
03/20/2007 House Third Readers
03/20/2007 House Passed/Adopted
03/27/2007 Senate Read and Referred
03/30/2007 Senate Committee Favorably Reported
04/11/2007 Senate Passes HB 227, 52-2
04/13/2007 House Agree Senate Amend or Sub
04/27/2007 House Sent to Governor
HB 227 passed in a House vote 166-2, see roll call vote.
Description:
Buildout
There are no buildout requirements.
Rights of Way
There is no specific language for rights of way.
PEG
• HB 227 outlines more stringent programming requirements and places limitations on a county being able to get an exclusive channel in a cable system’s lineup.
• 15 hours of nonduplicating original programming a month for each channel. Scrolling messages or bulletin board information would not count as non-duplicating programming. This will make it tougher for counties and cities to maintain these public access channels.
• Allows existing public access channels to continue through 2012, even if the channels don’t meet the bill’s programming requirements.
• Cable companies also will be able to combine programming from several counties and cities and decide when the programs will run.
• Franchise fee is currently 25 cents per subscriber and goes to the county to purchase equipment for programming production. The bill does provide that state cable franchise holders will pay local governments a 5 percent franchise fee on gross revenues for cable and video service. However,there are fears that fee revenue will fall because of the language of the bill. And there are further fears that after 2012, the funding will disappear.
Source: Free Press
Organizations to Contact:
N/A
Also see: Free Press State Policy Tracker
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Please send additional information for this page to info@saveaccess.org
This page last updated 4/7/07
Recent State News via saveaccess: newswire
Bill Number(s):
HB1500 - Active Read Bill
Status:
2/21/2007 House Filed with the Clerk by Rep. James D. Brosnahan
2/22/2007 House First Reading
2/22/2007 House Referred to Rules Committee
2/23/2007 House Added Co-Sponsor Rep. Brandon W. Phelps
2/23/2007 House Added Co-Sponsor Rep. JoAnn D. Osmond
2/23/2007 House Added Co-Sponsor Rep. Thomas Holbrook
2/27/2007 House Assigned to Telecommunications Committee
3/23/2007 House Rule 19(a) / Re-referred to Rules Committee
3/29/2007 House Assigned to Telecommunications Committee
3/29/2007 House Committee/3rd Reading Deadline Extended-Rule April 30, 2007
Description:
(from Multichannel News) Allows statewide authorization for newcomers, would allow overbuilders to drop local agreements in favor of statewide franchises. The bill would hold only incumbent cable operators to current franchises until their statutory end dates. As written, the exemption in HB1500 would appear to benefit the second operator to market, such as RCN in Chicago, and providers with even newer local agreements, such as Verizon Communications, which negotiated a local pact with North Chicago, Ill.
Organizations to Contact:
keepusconnected.org
More Information:
Free Press State Policy Tracker
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Please send additional information for this page to info@saveaccess.org
This page last updated 4/18/07
Recent State News via saveaccess: newswire
Bill Number(s):
SF 554 (formerly 368) - Active read Bill
SF 368 - now SF 554 Read Bill
SSB 1208 - now SF 368 Read Study Bill
HF 2647 - stalled Read Bill
SF 554 (formerly 368) Status
Mar. 06 07 Introduced, placed on calendar. S.J. 577.
Mar. 06 07 Committee report, approving bill. S.J. 584.
Mar. 13 07 Referred to Ways & Means. S.J. 711.
Mar. 14 07 Subcommittee, Stewart, Hogg, and Putney. S.J. 768.
March 20, 2007 Immediate message. S.J. 836.
March 21, 2007 Message from Senate. H.J. 957.
March 21, 2007 Read first time, referred to Commerce. H.J. 967.
March 22, 2007 Subcommittee, Wise, Hoffman, Jacobs, Kelley, Petersen, Quirk, and Struyk. H.J. 1001.
April 5, 2007 Committee report, recommending amendment and passage. H.J. 1268.
April 5, 2007 Committee amendment H-1598 filed. H.J. 1270.
Apr. 18 07 Passed Senate, ayes 44, nays 5. S.J. 1303.
Apr. 18 07 Immediate message. S.J. 1303.
Apr. 18 07 Message from Senate. H.J. 1498.
HF 2647 Status:
Inactive:
Mar. 06 06 Introduced, referred to Ways & Means. H.J. 469.
Mar. 07 06 Subcommittee, Kurtenbach, Quirk, and Soderberg. H.J. 554.
HF 2647 Description:
• State franchise structure
• LECs receive automatically
• Traditional cable must petition following expiration of existing franchise.
• Limited Definition of Gross Revenues.
• Fee limited to currently collected
• No build out
• Discrimination in deployment plans is barred, but proposal permits non-wireline (DBS) services to supplement services, so discrimination ban is really toothless.
• Permits additional terms only as provided in bill, to include:
• Comparable PEG channels
• Municipality responsible for interconnection between cable operators for PEG
• Audits limited to once a year and performed by state
Source: www.millervaneaton.com
Organizations to Contact:
Iowa League of Cities
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This page last updated 2/19/07
Recent State News via saveaccess: newswire
Bill Number(s):
HB699
Status:
HB699
Failed - Vetoed by the Governor
07/12/2006 H Vetoed by the Governor.
03/16/2006 H Prefiled.
Description:
• State franchise application structure reads much like the Michigan proposal which grants a franchise to an applicant after 45 days of filing with no provision for denial of application.
• LECs receive automatically and incumbent cable companies must petition following expiration of their existing franchise.
• Limited definition of Gross Revenues.
• No build out requirements.
• Comparable PEG channels, but no growth.
• Local governement subdivisions with a population of at least 50,000 may demand up to three PEG channels and up to two channels with less than 50,000.
Source: www.millervaneaton.com
Organizations to Contact:
N/A
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This page last updated 6/12/07
Maine Is First State in Nation to Pass Net Neutrality Resolve Resolution Recognizes Importance of Nondiscriminatory Access to the Internet
Contact: Shenna Bellows, 207-774-5444
Augusta- A diverse coalition of Mainers applauded the enactment today of the first net neutrality resolve in the nation. The resolution, LD 1675, recognizes the importance of “full, fair and non-discriminatory access to the Internet” and instructs the Public Advocate to study what can be done to protect the rights of Maine internet users.
"Maine is the first state in the nation to stand up for its citizens' rights to a nondiscriminatory internet," said Senator Ethan Strimling, the original sponsor of LD 1675. "The rest of the nation should follow suit and study what can be done to protect net neutrality."
“Maine is once again leading the way in protecting the rights of its citizens,” said Shenna Bellows, Executive Director of the Maine Civil Liberties Union. “This resolution will help re-establish the internet as the free and open arena of democracy it was always intended to be.”
Advocates say that restoring net neutrality is essential to protecting the right of internet users to access the information they choose. "Net neutrality principles are key to keeping control of the internet in the hands of the people," said Chellie Pingree. "With this resolution, the Legislature has put the needs of Mainers before the needs of the telecomm companies."
"This important legislation puts Maine first in affirming that Internet providers should not be allowed to discriminate by speeding up or slowing down Web content based on its source, ownership or destination,” said Tony Vigue of the Community Television Association of Maine.
Small business owners and members of the technology industry say net neutrality is good for Maine business because it allows small businesses to compete online with large corporations. Having net neutrality principles in place would make Maine an attractive place to launch tech industry start-ups. "Maine's place in the digital economy is pivotal to future economic growth,” said Lance Dutson, founder of MaineCoastDesign.com. “This resolution will allow us to see more clearly what safeguards are needed to allow Maine businesses to thrive in this new arena."
“With a free and open internet young people are able to start businesses that compete in the global marketplace from their homes in Maine,” said Brian Hiatt, Maine Director of Communications and Online Organizing for The League of Young Voters. “Net Neutrality levels the playing field for Mainers.”
As a result of a 2005 decision by the Federal Communications Commission, net neutrality principles, which had been in place since the inception of the internet, were put in jeopardy. Following that decision, Maine Senator Olympia Snowe proposed legislation to reinstate net neutrality at the federal level. Maine’s resolution emphasizes the importance of net neutrality to Snowe’s home state and could provide the impetus for her to refocus attention on the issue.
“I am delighted at this resolution’s potential for positive effect on Maine and the rest of the U.S. I look forward to reading the Public Advocate's study on Network Neutrality,” said Fletcher Kittredge, Founder and CEO of GWI, Maine’s largest Internet Service Provider.
Advocates agree that passage of the net neutrality resolution is a giant step forward. “This is a victory for everyone who uses the Internet in Maine," said Jon Bartholomew, National Media and Democracy Organizer for Common Cause. "Every Mainer who uses the web for business, to find information or to speak their minds should thank the legislature for listening to them over the giant telecommunication firms.”
The full text of the resolution follows.
Amend the bill by striking out the title and substituting the following:
‘Resolve, Regarding Full, Fair and Nondiscriminatory Access to the Internet’
Amend the bill by striking out everything after the title and before the summary and inserting the following:
‘
‘Preamble. Whereas, the Legislature finds that the development and continued enhancement of advanced communications technology in the State is vital to economic development; and
Whereas, full, fair and nondiscriminatory access to the Internet is critical to the ability of Maine citizens to participate in the information economy and is an important element of citizens’ access to information necessary to their roles as informed participants in our nation’s democracy; and
Whereas, regulation of the Internet is generally viewed as principally a matter within the jurisdiction of the Federal Government; and
Whereas, the interests of the State of Maine and its citizens must be vigorously protected; now, therefore, be it
Sec. 1 Monitoring state and federal activity relating to Internet access regulations. Resolved: That the Office of the Public Advocate shall take the following actions to monitor and review state and federal activity on issues relating to full, fair and nondiscriminatory access to the Internet. The Office of the Public Advocate shall:
1. Evaluate the actions of the Federal Communications Commission, the United States Congress and other appropriate agencies of government with respect to ensuring that citizens’ rights to full, fair and nondiscriminatory access to the Internet are not impeded;
2. Monitor the Federal Communication Commission’s inquiry into broadband industry practices, FCC-07-31, WC Docket No. 07-52;
3. Collect information on legislative and regulatory actions of other states on these issues;
4. Review the State’s telecommunications and technology policies, including the ConnectME Authority established pursuant to the Maine Revised Statutes, Title 35-A, section 9203, and evaluate the extent to which those policies are encouraging adequate investment in technology infrastructure to support a strong Internet system and continued expansion of broadband access in this State; and
5. Review the extent of the State’s authority to protect the rights of users of the Internet in the State to full, fair and nondiscriminatory access to the Internet; and be it further
Sec. 2 Report. Resolved: That, no later than February 1, 2008, the Office of the Public Advocate shall submit a report summarizing the results of its activities under section 1 to the Joint Standing Committee on Utilities and Energy.’
SUMMARY
This amendment replaces the bill with a resolve. The amendment directs the Office of the Public Advocate to take several actions to monitor state and federal activity relating to full and fair access to the Internet. The amendment requires the Office of the Public Advocate to submit a report summarizing the results of its activities to the Joint Standing Committee on Utilities and Energy by February 1, 2008.
Bill Number(s):
LR2800
Status:
Withdrawn Jan. 2006
Description:
• State authorized franchise effective 9/1/2006, or upon expiration of an existing franchise, whichever is later
• Local gov’t retains police powers and rights-of-way
• Creates a Maine Cable Franchise Board, which becomes LFA.
• 4% franchise fee based on a robust “gross revenues” definition goes to city.
• 1% of franchise fee goes to the state board
• Talks about build out, but provides no standard.
• Requires up to 3 PEG channels and establishes a PEG capital support obligation on state franchise holder, but the fee is blank in the proposed legislation.
• Permits negotiated franchises at lesser terms than that set by Board
Organizations to Contact:
N/A
More Information: Free Press State Policy Tracker
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This page last updated 4/7/07
Recent State News via saveaccess: newswire
Bill Number(s):
Senate Docket 1975 read Bill
House Docket 3385
Introduced January 10, 2007 - pushed by Verizon.
Description:
Name of bill: “Consumer Choice and Competition for Cable Service Act”
S1975 Status:
Massachusetts cable franchising bill, Senate No. 1975, proposes elimination of local cable franchising
COMMITTEE HEARING SET FOR TUESDAY, JUNE 5th 10 AM,
at either Hearing Room A-1 or A-2 at the state house.
Organizations to Contact:
Keep it Local MA
MassAccess
Wrentham Cable Access
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This page last updated 2/19/07
Recent State News via saveaccess: newswire
Bill Number(s):
House Bill 6456 Passed 12/29/06 Read Bill
SB 1157 Dead 3/6/06
HB 5895 Dead 3/22/06
Status:
9/12/2006 HJ 79 Pg. 2447 introduced by Representative Mike Nofs
12/29/2006 HJ 97 Pg. 3334 approved by the Governor
12/29/2006 HJ 97 Pg. 3334 filed with Secretary of State
12/29/2006 HJ 97 Pg. 3334 assigned PA 480'06 with immediate effect
Description:
12/21/06 - HB 6456 has been signed into law by Gov. Jennifer Granholm without a Net Neutrality amendment, without buildout requirements, and allows abrogation of existing agreements without providing evidence of competition.
Source: Free Press
Organizations to Contact:
N/A
Also see: Free Press
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This page last updated 4/29/07
Recent State News via saveaccess: newswire
Bill Number(s):
HF2351 “Minnesota Video Competition Act” -active
See bill status
Read bill text
Status:
03/24/2007 Introduction and first reading, referred to Commerce and Labor 1988
04/10/2007 Referred by Chair to Telecommunications Regulation and Infrastructure Division
04/12/2007 Author added Gardner 3069
04/13/2007 Division action, without further recommendation return to Commerce and Labor
Organizations to Contact:
Free Press State Policy Tracker
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This page last updated 4/7/07
Recent State News via saveaccess: newswire
Bill Number(s):
SB 284 Read Bill
Status:
Passed in Senate and signed into law by Governor on March 22. Law in effect August 28, 2007
1/16/2007 S First Read
2/15/2007 SS for SCS, as amended, S adopted S272
2/15/2007 Perfected S272
2/19/2007 Reported Truly Perfected S Rules Committee
2/20/2007 S Formal Calendar S Bills for Third Reading
2/22/2007 Referred H Special Committee on Utilities Committee
3/22/2007 Signed by Governor
Description:
SB 284 has been introduced in the Senate. This is very similar to last year’s SB 816 with some changes to satisfy the cable industry. The new legislation would let both telcos and cablecos seek a single state franchise, which would allow them to offer service anywhere in the Missouri without the need of local approval. New language allows incumbents to apply for a state franchise immediately.
Buildout requirements have also changed — for the worse. In last year’s bill, competing telcos were required to eventually phase in their TV service to the full area served by the local cable company, instead of serving only the most densely populated or potentially profitable parts of a city. In this year’s bill, AT&T must provide access to its video service to at least 25 percent of its statewide households within three years. It also requires that within three years of beginning video service, at least 25 percent of the households served by any provider must be in low-income areas — or 30 percent in low-income areas within five years.
Source: Free Press
Organizations to Contact:
Columbia Access Television
Also see: Free Press
Please send additional information for this page to info@saveaccess.org
This page last updated 4/29/07
Recent State News via saveaccess: newswire
Bill Number(s):
A1423 Read Bill inactive
S744 Read Bill inactive
A4871 Read Bill inactive
A3980-B Read Bill Active
S5124 (companion to A3980) Active
Status: A03980B - Active, revised 4/12
Omnibus telecommunications reform act of 2007
01/30/2007 referred to consumer affairs and protection
03/08/2007 amend (t) and recommit to consumer affairs and protection
03/08/2007 print number 3980a
03/16/2007 reference changed to corporations, authorities and commissions
04/12/2007 amend and recommit to corporations, authorities and commissions
04/12/2007 print number 3980b
A3980 Description:
This bill guarantees that new communications technologies will be offered to communities throughout the state, protects Network Neutrality, and provides capacity and funding for public access channels.
Net Neutrality
This bill protects Network Neutrality. In addition to prohibiting phone and cable companies from blocking sites and services, it prevents the provider of charging some sites more money in exchange for better or faster service or degrading the speed of another site. It even establishes grounds for termination of the franchise license if found in violation of Net Neutrality.
Video Franchising
The bill allows but does not require cable operators to file statewide franchises with the state. The state has 15 days to review an application for completeness, and unless incomplete, must grant the franchise within 60 days.
Build-Out Requirements
This bill does have a reasonable build-out requirement. Providers must make service available across New York within 3 years for larger communities and 6 years for smaller communities, as long as the providers are serving a substantial portion of the state with phone service. The cable company selecting the state franchise (and opting out of local agreements) cannot reduce its existing service. Redlining could bring on fines.
PEG/Public Access TV
The bill requires a match of existing PEG channel capacity and provides some flexibility for channel capacity. The bill requires the providers to pay 2% support to PEG, and if the provider is paying more than 2%, it may pay that higher rate, but no more than 3%.
Community Internet
No provisions.
Source: Free Press State Policy Tracker (Free Press supports this bill)
A4871 Description:
Sets a 30 day shot clock on Municipalities to decide on video franchise applications.
Organizations to Contact:
ACM New York
New Media Alliance
Also see: Free Press State Policy Tracker
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This page last updated 4/7/07
Recent State News via saveaccess: newswire
Bill Number(s): SB 117
Read Bill
Bill Status
Status:
Introduced 03/15/07
Committee Assigned EPU
Description:
Ohio Senate Bill 117, which was introduced on March 15, 2007, will divest Ohio local governments of their cable/video franchising authority and will cost Ohio municipalities and townships millions of dollars in revenue and telecommunications support. The purpose of this letter is to inform you of the grave danger that S.B. 117 poses to municipal Home Rule authority, the fiscal health of Ohio's cities, villages and townships, and local community growth and to ask for your help in stopping the Bill.
Effectively opposing this unconstitutional proposal will take an enormous effort by local governments, school districts, and public interest organizations throughout the State of Ohio. Local governments must act now if they are to preserve their cable franchise authority and prevent further erosion of Home Rule authority. Therefore, we request your immediate participation in the opposition to S.B. 117 through local legislative action, voicing your objection to the State Legislature, and providing a contribution toward the necessary funding of the efforts of Local Voice Ohio, a non-profit, state-wide coalition working to stop the Bill.
Threat Analysis:
A full summary of S.B. 117 is presented in the enclosed Client Briefing. As you will see, the Bill:
► Slashes franchise fees paid to communities by cable television operators by reducing the revenue base upon which they are calculated.
► Allows cable operators to abandon their current cable franchises.
► Significantly reduces local control of the Public Right Of Way (PROW).
► Bans Institutional Networks provided by cable companies for schools and local governments.
► Severely limits Public, Educational & Governmental (PEG) Access Channels.
► Eliminates Funding for PEG Access.
source: Local Voice Ohio
Organizations to Contact:
Save Ohio Access
Keep Access Alive
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This page last updated 2/7/08
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Bill Number(s):
HB 1490 Read Bill
referred to Consumers Affairs July 2007, Hearing Feb 7th 2008
Bill Number(s):
HB 2880 Read Bill
SB 1247
HB 2880/SB1247 Status:
10/10/06 - Both bills died in 2006. Faced with an uphill battle to interest election-focused legislators in a complex cable-reform bill, as well as loud opposition from the measure’s municipal foes, sponsors of the two proposals withdrew their legislation from consideration. A form of these Bills is expected to reappear.
Source: Free Press
Description:
Legislators introduced bills in both chambers to hasten passage.
Incumbent cable operators must honor franchise until expiration.
ILECs need not obtain a franchise to build out cable system, only need franchise to provide cable programming.
State-issued franchise without local negotiations.
Franchising authority would be assigned to the Corporation Bureau of the Department of State. Once a potential new provider files an application, the bureau will have only 15 days to issue the statewide operating permission.
The bills retain power for local governments to exercise non-discriminatory police power over the public; rights-of-way; receive and mediate disputes between franchise holders and customers for cable quality service complaints; require a local point of contact; require notice of any franchise transfer within fourteen business days after the completion of the transfer; and establish reasonable guidelines regarding the use of public, educational,and governmental access channels.
The amount of gross revenues local governments will be allowed to collect is capped at 5% with no ability to collect other taxes. PEG is somewhat preserved — up to three channels for large cities. There is limited audit authority and non recovery of audit fees and no imposition of late fee penalty or interest.
Municipalities may not require a local business office; require documents not required by federal or state law; require information about technical standards; require bonding or insurance of an entity that is eligible for self insured status; or require buildout beyond that area identified in the application.
Providers can terminate their video service at will with only 90 days’ notice. Old providers are bound to their current contracts until their negotiated termination dates, but incumbents can apply for state authority to serve outside of their current franchise areas.
Redlining is banned, but carriers have multiple outs including ability to offer DirectTV as a means to meet service requirement.
Source: www.millervaneaton.com
Organizations to Contact:
Also see: Free Press State Policy Tracker
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This page last updated 2/18/08
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2/25/08 UPDATE:
Tennessee has competing bills active in 2008, including a "Pro-Peg Bill HB3959.
Active Bills
HB3959/SB4021 Competitive Cable and Video Services Act Read Bill | Status
HB 1421/SB 1933 Competitive Cable and Video Services Act Read Bill | Status
Description:HB3959/SB4021
Provides for ongoing PEG funding and channel protections and the continuation of iNets. Establishes the Tennessee Cable and Video Service Authority to provide adequate oversight.
Description:HB 1421/SB 1933
The Competitive Cable and Video Services Act was introduced into the Tennessee Senate by Bill Ketron (R-Murfreesboro) and Doug Jackson (D-Dickson) and in the Assembly by Reps. Charles Curtiss (D-Sparta) and Steve McDaniel (R-Parkers Crossroads) on 2/13/07.
This bill is essentially refiled from last year and seeks to make the state the franchising authority for new video providers. Upon passage, the secretary of state would become the administrator of “certificates of franchise authority.”
Buildout
No build-out requirements may be required by localities.
PEG
PEG programming is clearly put at risk, with the barest requirement for video providers to provide channel capacity; if a town is not sufficiently using their channels, the video provider can reappropriate them. Whether a limit of two or three stations is instituted depends on local population levels. A kicker: if a town loses its PEG channels and somehow creates enough programming to repopulate them, the video provider must restore them, “but shall be under no obligation to carry that channel on a basic or analog tier.”
Franchise fees are effectively cut by this bill and are distributed by the state to individual localities. Past practices of asking for extra revenue to support PEG is rendered a thing of the past, ensuring that if a community didn’t have it before, it will need to convince cash-strapped local governments to support it. Institutional networks are no longer applicable.
Allies
The Tennessee Municipal League, the Tennessee Association of County Mayors and the Tennessee Cable Telecommunications Association continue to be vocal opponents of the proposed changes.
Source: Free Press
Organizations to Contact:
Keep it Local Tennessee
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This page last updated 4/7/07
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Bill Number(s):
SB 209 Read Bill
Status:
1/26/07 - SB 209, “State Franchising Authority for Video Services,” was introduced into the Senate by Curts Bramble (R-16).
2/21/07 - SB 209 has passed the third reading in the Senate and was “circled.”
2/23/2007 Senate/ floor amendment S3RD
2/23/2007 Senate/ pass 3rd HCLERK 24 0 5
2/23/2007 Senate/ to House with amendments HCLERK
2/23/2007 House/ received from Senate HCLERK
2/23/2007 House/ read 1st time (Introduced) HSTRUL
2/28/2007 House/ enacting clause struck SSEC
2/28/2007 House/ to Senate SSEC
2/28/2007 Senate/ filed
Description:
SB-209 is a Qwest-backed bill on the fast-track for passage in the Utah Senate. The bill would make the state Dept. of Commerce the franchising authority. Incumbents cable operators cannot opt out of existing municipal franchises, but can use a state franchise to enter new markets. The bill would give the state 30 days to review franchise applications for completeness.
The bill is opposed by cable companies, as well as civic groups and municipalities who say it discriminates against cable incumbents and keep municipalities from protecting their residents from market abuses.
Buildout.
No buildout requirements, although redlining is prohibited.
Franchise Fees
Local franchise fees are capped at 5%.
PEG
New entrants must match the number of public access channels provided by the incumbent.
Consumer Protections
Unresolved service complaints and disputes are referred to the state court.
Source: Free Press
Organizations to Contact:
N/A
Also see: Free Press State Policy Tracker
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Please send additional information for this page to info@saveaccess.org
This page last updated 4/7/07
Recent State News via saveaccess: newswire
Bill Number(s):
HB 1983 Read Bill
SB 6003 Read Bill
Status:
HB 1983 - Stalled
Feb 2 First reading, referred to Technology, Energy & Communications.
SB 6003 - Stalled
Feb 13 First reading, referred to Water, Energy & Telecommunications.
Feb 20 Scheduled for public hearing in the Senate Committee on Water and Energy & Telecommunications at 10:00 AM.
Description:
These bills would strip localities of their cable-franchising authority and place it in the hands of the state Utilities and Transportation Commission. That agency would have 30 calendar days to approve a statewide franchise for a new provider. Incumbent operators would be bound to the terms of their local agreements until their stated expiration dates.
Buildout
The bill specifically excludes build-out demands by local governments
PEG New providers would have to reserve space for public, educational and government channels and pay support for those channel equivalent to that paid by incumbents. The content would be the responsibility of the local governments.
These bills have already rounded up bill opponents from among the state’s mayors and from organizations such as the Urban League as well as the Broadband Communications Association of Washington.
Source: Free Press
Organizations to Contact:
Also see: Free Press State Policy Tracker
Send a letter via Free Press Take Action
Please send additional information for this page to info@saveaccess.org
This page last updated 4/29/07
Recent State News via saveaccess: newswire
Bill Number(s): AB207/SB107
Read SB 107, Bill Status
Read AB207, Bill Status, companion to SB107
Status: SB107 and AB207
The Bills passed the full Assembly in May and passed the Senate on Nov 8. The bill was finalized and passed by the full state legislature on Dec. 11. Gov. Jim Doyle signed the bill on Dec. 21, 2007, with partial vetos on provisions concerning consumer protections, and state power to write and enforce regulations and standards for service. Left hanging, however, is PEG. Funding is legislated to run out in three years. (source: Free Press)
Description:
See: Wisconsin Association of PEG Channels for most recent updates.
Organizations to Contact:
Wisconsin Association of PEG Channels
Save Access Wisconsin
Also see: Free Press State Policy Tracker
Send a letter via Free Press Take Action
Please send additional information for this page to info@saveaccess.org