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from: Global Friefunk

Worst Video Franchise Bill in the Country Introduced in Illinois. AKA, Which Corporation Wrote Illinois HB 1500?

2007-03-05

The worst state franchise bill I've ever read has just been introduced in Illinois -- ironically called the "Cable and Video Competition Law of 2007" -- this act guarantees redlining of un(der)served communities, the poor, and the rural. Among other horrendous provisions (which are far too numerous to enumerate), any service provider who fails to deliver even the utterly abysmal service provision requirements required by the law can get an extension or even a waiver of service for, among other things, "Developments or buildings being inaccessible using reasonable technical solutions under commercially reasonable terms and conditions" (Page 28). The terms of the state franchise deal are far worse than comparative measures introduced in other states (for example, Michigan and California).

Just about every single provision of this bill has been jiggered to maximize the power of telco incumbents -- whether redefining "low income households" so that they're not tied to the federal poverty level, but actually specifically defined as $35,000/year, or allowing providers to get out of existing franchise agreements with 90 days written notice. What's clear about this bill is that it was written by telecom lobbyists and signed off on my multiple legislators.

In taking away home rule power for local communities it creates situations whereby local disruptions (e.g., digging up streets, sidewalks, front yards, etc.) are taken completely out of local hands. In fact, even if local residents sue the provider (for example, for backhoe-ing their back yard), the law grants the power to telco providers to continue their use of the right of way -- so even if they lose the lawsuit, they will have already finished their project. In seeking some of the most invasive governmental regulations to date, these telco providers are also rewriting eminent domain laws to allow them to seize private property to deploy their networks.

HB 1500 is a wholesale giveaway of local power, local control, and individual autonomy to private corporations. It usurps community control over their own land and quality of life. It protects telcos from being sued for redlining and provides no meaningful protection and enforcement mechanisms to prevent these companies from yet again running amuck in Illinois.