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from: Save Access Texas

The Committee That Never Met
by savetexasaccess on Thu, 2007-03-01

The 79th Texas Legislature passed Senate Bill 5 in the Second Special Session. This new statute called for the formation of a Telecommunications Competitiveness Legislative Oversight Committee that was supposed to “conduct a joint interim study” with the Public Utilities Commission to, among other things, examine the “continuation of public, educational, and government (PEG) access channels.” But this committee never met.

It also said this committee “shall report its findings to the Lieutenant Governor and Speaker of the House of Representatives no later than December 31, 2006.” But that never happened.

In December 2005, House Speaker Craddick announced the appointment of four House members: Rep. Turner, Rep. Crabb, Rep. Hartnett, and Rep. King. But the Lieutenant Governor’s appointments came at the end of July 2006.

It appears that due to the Lt. Governor’s committee appointments being late that the oversight committee never met, never held hearings, and never conducted a study.

This is unfortunate. There is good cause for a serious examination of the impact of SB 5’s implementation. Community television in San Antonio has already been devastated. SB 5’s conflict with federal law effectively means the elimination of earmarked operating funds for PEG access, once the municipal franchises expire.

HERE IS THE RELEVANT TEXT OF SB 5

Sec. 66.017. STUDY. (a) The telecommunications competitiveness legislative oversight committee shall conduct a joint interim study with the commission regarding the following:
(1) appropriate alternative forms of competitively neutral compensation methodology that should flow to municipalities from all sources related to the provision of information services, telecommunication services, cable services, and video services;
(2) right-of-way access and fees;
(3) the transition from local franchise authority to state-issued authority, including methods to maintain current municipal revenue streams, including franchise fees and in-kind contributions; continuation of public, educational, and governmental access channels; and build-out requirements; and
(4) other relevant issues.
(b) The committee shall report its findings to the lieutenant governor and speaker of the House of Representatives no later than December 31, 2006.
(c) This section expires January 1, 2007.

HERE IS A MEDIA RELEASE FROM SPEAKER CRADDICK'S OFFICE

APPOINTMENTS TO THE TELECOMMUNICATIONS COMPETITIVENESS LEGISLATIVE OVERSIGHT COMMITTEE

For Immediate Release Friday, December 2, 2005

(AUSTIN) - Today, Speaker Tom Craddick (Midland) announced the appointments of House members to the Telecommunications Competitiveness Legislative Oversight Committee.

"Rep. Phil King (Weatherford) worked very diligently this year to craft legislation to modernize the telecommunications industry in Texas. I have appointed Speaker Pro Tempore Sylvester Turner (Houston), Rep. Joe Crabb (Atascocita), and Will Hartnett (Dallas) to this committee because of their strong working relationship with Phil King as members of the House Committee on Regulated Industries to ensure protections for telecommunications consumers and a provide for a thorough study of the universal service fund," Speaker Craddick said. "I have confidence in their abilities to find recommendations to improve our telecommunications laws and monitor the implementation of this historic legislation."

The Committee was established by statute under Senate Bill 5 from the 79th Second Special Session, calling for a Joint Interim Study with the Public Utilities Commission regarding telecommunications competitiveness. Rep. King will serve on the Committee by virtue of his position as Chair of the House Committee on Regulated Industries.

The Committee is charged with finding alternative sources of compensation for municipalities to replace monies currently collected from providers of data, telecommunication, cable, and video services. The transition from local franchise authority to state-issued authority and right-of-way access and fees will be studied also.

The Committee is made up of eight members, four senators chosen by the Lieutenant Governor and four House members chosen by the Speaker of the House of Representatives. The Committee shall report its findings to the Lieutenant Governor and the Speaker no later than December 31, 2006.

CONTACT Alexis DeLee 512 633 2620 Chris Cutrone 512 463 0223
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HERE IS A MEDIA RELEASE FROM SENATEOR BRIMER'S OFFICE

Media Advisory From the Office of State Senator Kim Brimer

For Immediate Release

July 28, 2006

Contact: Trent Townsend, (512) 463-0110

Brimer Appointed to Telecommunications Competitiveness Committee

AUSTIN -- Lt. Gov. David Dewhurst today appointed Senator Kim Brimer (R-Fort Worth) to a committee assigned to assess the results of a ground-breaking 2005 law designed to give consumers more choices for cable and video services.

Sen. Troy Fraser and Rep. Phil King, co-sponsors of the new law, will co-chair the Telecommunications Competitiveness Legislative Oversight Committee.

"Texas took the lead nationally in telecommunications reform by passing this law," Brimer said. "That was a vital first step. But now we need to make certain the benefits of the law meet our expectations for billions of dollars of telecommunications companies' investment, thousands of new jobs, dynamic new technology and lower prices for consumers. And, we need to prepare enhancements in the law for the 2007 legislative session, to keep Texas in the forefront on this issue so important to our state's economic strength."

The study will be a joint effort by the committee and the Public Utilities Commission.

Senator Brimer represents Senate District 10 covering portions of Tarrant County. Brimer serves as Chairman of the Sunset Advisory Commission and Senate Administration Committee. He is also a member of the Senate Business & Commerce, Education Reform & Public School Finance, Transportation & Homeland Security, and Finance committees as well as the Subcommittee on Emerging Technology and Economic Development.

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