By Ron Thaniel
March 19, 2007

The Federal Communications Commission released its Report and Order on video (cable) franchising March 5. The Report and Order concluded that the “local franchising process in many jurisdictions constitutes an unreasonable barrier to entry” and has therefore adopted rules and polices designed, the Commission says, to “facilitate and expedite entry of new cable competitors into the market for the delivery of video programming, and accelerate broadband deployment.” The Conference of Mayors and its national partners strongly disagree with this decision.

In a press statement issued shortly after the release of the FCC Report and Order, the U.S. Conference of Mayors, the National League of Cities, the National Association of Counties, the National Association of Telecommunications Officers and Advisors, the Alliance for Community Media, and Alliance for Communications Democracy wrote that the decision “will bring great harm to local governments across the country by undermining their authority to act to protect the taxpaying public, their public rights of way and their public safety.”

In addition, the FCC issued a Further Notice of Proposed Rulemaking, requesting public comment on a number of issues including the Commission’s tentative conclusion that the findings in the Franchising Order should apply to incumbent cable operators in the renewal process.

The Conference is carefully reviewing the Commission’s decision. To view summaries of the Franchising Order prepared by the law firm of Arent Fox and the law firm of Miller & Van Eaton, go to the Conference of Mayors website at usmayors.org.