TO: GMA City Managers Advisory Group
FROM: Jim Higdon, GMA Executive Director
DATE: Monday, June 19, 2006
RE: Federal Cable Franchising Legislation ? Update and Action Alert
On June 8, the House bill on federal cable franchising, referred to as ?The
Communications Opportunity, Promotion, and Enhancement (COPE) Act of 2006?
passed the by a vote of 329-101. The Senate?s Bill, titled the ?Communications,
Consumer?s Choice, and Broadband Deployment Act of 2006? (S. 2686) is scheduled
for markup on June 22. While the initial draft of the Senate bill presented
significant concerns for cities, NLC has informed us that the Senate?s revised
draft does address many of the concerns raised by the national coalition of
organizations representing cities on this issue (NLC, NATOA, US Conference of
Mayors, etc.). However, it is still extremely important that we continue the
dialogue on this issue with Senators Chambliss and Isakson to make sure that
the concerns of Georgia?s cities will be met in the final bill.
What is the Message to Georgia?s Senators?
? Keep it Local and Pro-Consumer: GMA believes the final federal cable
franchise bill must include a provision to require the process for resolving
all complaints, consumer protection issues, and franchise fee compliance issues
to begin at the local level. GMA also recommends that the ultimate authority
for appealing a compliance issue should be the FCC, not the state utility
commission. Finally, any appeal process set forth in the final bill must
contain a strictly defined time period that does not exceed 180 days beginning
from the time the complaint is filed until a final decision is rendered.
? Ensure Local Control of Rights-of-Way: Local governments are the
trustees of public property and must manage it for the benefit of all
citizens. GMA believes that any new national cable franchising legislation
must preserve the ability of local governments to manage and enforce the
public?s rights-of-way and resolve disputes. GMA also urges Congress to pass a
final bill that includes provisions for local governments to charge regulatory
fees in addition to franchise fees. Finally, GMA supports legislation that
provides that the ultimate jurisdiction for right-of-way dispute resolution is
the court system.
? Universal Access: GMA believes that all citizens of Georgia,
regardless of whether they reside in urban or rural areas, should have access
to a reasonably priced, high quality broadband product. Rural broadband access
has been a priority for both Governor Sonny Perdue and President Bush. GMA
supports federal cable franchise legislation that will insure this goal is met.
? Keep Local Governments Financially Whole: GMA supports federal cable
franchising legislation that retains the current five percent gross revenue cap
on franchise fees and which ensures that the gross revenue base include all
revenues.
? Preserve Cities? Ability to Provide Cable Service: GMA strongly
believes that cities should have the ability and necessary funding to extend
services to areas where competition is limited or nonexistent. GMA supports
federal cable franchising legislation that provides that if no viable
competition exists for an area, cities will have the ability to serve those
areas. This is consistent with the previously stated goal to ensure that
everyone has access to high quality, competitive service.
Please contact Senators Chambliss and Isakson no later than June 22 to discuss
this issue with them and explain the points listed above. Attached for your
use is a legislative issue brief that outlines the primary concerns held by GMA
on this issue. This handout is tailored to address the specific concerns of
Georgia?s cities with regard to this legislation. We encourage you to use this
information during your conversations with Senators Chambliss and Isakson.
Please be sure to also personalize the issue by letting your Senators know how
consumers in your city will be affected by this bill.
Once the Senate bill is finalized, the full Senate will vote on the bill, and
then the issue will proceed to a conference committee where members of both
houses will negotiate a compromise between the House and Senate versions of the
bill. Please note that only a limited number of legislative days remain before
Congress takes a recess for the month of August. This issue is moving very
quickly and we anticipate Congress will take action prior to the August break.
We will continue to provide you with updates on the Senate markup and
additional developments with the issue over the next few weeks.
In the meantime, if you have any questions, feel free to contact Lou Comer of
the GMA staff at 678-686-6260 or by e-mail at lcomer@gmanet.com. You may also
contact Becky Taylor of the GMA staff at 678-686-6276 or by email at
btaylor@gmanet.com. Updated contact information for Georgia delegation members
is also attached.
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Becky Taylor
Georgia Municipal Association
Research and Federal Relations
Direct Line 678-686-6276
Direct Fax 678-686-6376
Attachments