Reso 2007-1092 - Laserfiche WebLink

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Department from imposing appropriate build out, construction, and deployment requirements on cable and video certificate holders; and WHEREAS, the bills require the Department of Agriculture and Consumer Services to receive all customer service complaints thereby eliminating citizen ability to seek remedy of complaints via their local government; and WHEREAS, the bills establish requirements and limitations on municipalities and counties relating to access to public right-of-way; and WHEREAS, the bills prohibit municipalities and counties from imposing any additional requirements on cable and video certificate holders; and WHEREAS, the bills would deprive municipalities and counties of the authority to establish and maintain government owned and operated networks, known as institutional networks, that may be utilized by first responders and other government officials in the day-to- day management oflocal government business; and WHEREAS, the bills would potentially reduce the amount of capacity which may be required by communities to meet public, educational, and government "PEG" access needs, while stripping local governments, schools and other agencies of the ability to obtain capital suppOli for the operation of PEG channels with the result that the communities' cable-related needs and interests will not be met; and WHEREAS, the bills do not require providers of cable, video and broadband services to provide such services to schools, libraries, and other governmental facilities without charge, thereby depriving teachers, students and residents of important communications capabilities that they currently enjoy; and WHEREAS, the bills would deprive local citizens of the ability to address local issues locally, by removing to the State all customer service issues; and WHEREAS, the bills would ultimately preempt all local authority over the provision of cable and video services within the community, including the ability of the local government to provide appropriate oversight to entities conducting business within their jurisdiction and in the local public rights-of-way; and WHEREAS, the bills would allow holders of existing cable franchises to terminate such franchises unilaterally and thus, the bills constitute an impairment of contract; and WHEREAS, most importantly, the bills will not increase the opportunities for competition in cable and broadband services for the benefit of consumers. In fact, the bills will reduce competition. While HB 529 allows providers to serve or not to serve any area that they chose thus creating the possibility that residents may lose cable service, HB855 mandates that providers serve entire areas of jurisdictions thus making potential competition less likely. Under existing local government franchising, competition in cable and broadband services has R2007. Consumer Choice And Broadband Acts Opposition,Doc Page 2 of4