t of 1996.pptVIP

Impact of the Federal Telecommunications Act on the Regulatory Authority of Local Government Frederick E. Ellrod III Miller Van Eaton, P.L.L.C. Overview Cable Franchising Telecommunications Ordinances and Public Rights-of-Way Antenna Siting and Zoning Cable Franchising Overview Renewal and Transfer Facilities, Equipment, and Services Franchise Fees Franchising of SMATV: ECI Rate Regulation Open Video Systems Cable Franchise Renewal Renewal proceedings since Sturgis: Legislative determination of needs interests, based on sound ascertainment Financial information to determine system’s ability to meet needs interests Cable Franchise Transfer Does a transaction count as a transfer? What issues can be addressed? 120-day deadline Complete information required to trigger the 120-day deadline Authority Over Facilities, Equipment and Services “Transmission technology” and Cable Act Reform proceeding Equipment compatibility Internet service as cable service Emergency alert systems Closed captioning Franchise Fees City of Dallas held franchise fees are part of franchise fee base Cable operators asked FCC to pass through costs FCC approved pass-through only in certain cases Franchising of SMATV: ECI Not a “cable system” if uses no public rights-of-way ECI uses Ameritech lines to cross public rights-of-way FCC held ECI was not a cable system on these facts Potential loophole for cable operators Cable Rate Regulation CPST regulation sunsets in March 1999 Richardson order upheld local authority Time Warner gained right to recover early “gap” costs FCC continues to use mass settlements (with one dissent) Open Video Systems FCC claimed to grant OVS operators right to use local public rights-of-way Appeal argued in 5th Circuit Certifications filed with FCC Starpower is pursuing plans in D.C. area Telecom Ordinances and the Public Rights-of-Way Overview FCC Proceedings Court Proceedings State Legislation Prince George’s County Legislation FCC Proceedings Troy Decision FCC did n