TRANSPORTATION AND COMMUNICATIONS

PRESERVATION OF CABLE TELEVISION FRANCHISING

WHEREAS, under federal, state and local law, cable companies and other utilities are required to obtain a franchise before using the public streets or providing service, in part to provide appropriate regulation and provide fair compensation for the use of public property; and

WHEREAS, the Federal Cable Act reaffirms the local franchising requirement for "cable operators" and provides some regulation of them; and

WHEREAS, the Federal Communications Commission (FCC) has been asked to declare that cable-type companies who lease lines from others in the public streets are not "cable operators" that require franchises; and

WHEREAS, such a ruling could be used to preempt important local regulations that prevent redlining minority or low income areas and require franchise fees; and

WHEREAS, local governments insist that all cable-type companies must apply for franchises to protect the public and its rights of way; and

WHEREAS, local governments want competition in cable services and believe that preferential federal requirements would be harmful to local governments and their residents by aiding redlining, limiting appropriate regulation, inhibiting competition and encouraging claims by conventional cable companies that they must be similarly treated; and

WHEREAS, there is no basis in law or fact for the ruling requested by cable-type companies; and

WHEREAS, state and local law provides an independent basis for franchising and regulating the companies seeking a special federal protection,

NOW, THEREFORE, BE IT RESOLVED that The U.S. Conference of Mayors opposes any attempt by the FCC to interfere with, directly or indirectly, the franchising authority of local governments applicable to cable television service companies that use right-of-way based networks; and

BE IT FURTHER RESOLVED that The U.S. Conference of Mayors opposes any ruling by the FCC that cable-type companies leasing lines from telecommunications companies are not "cable operators" required to be franchised and regulated under the Federal Cable Act; and

BE IT FURTHER RESOLVED that The U.S. Conference of Mayors requests that the FCC expressly affirm that it will not limit the right of local governments to franchise or regulate cable-type companies as a matter of state or local law.