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Action Alert: BITS II

November 21, 2005


Over the Thanksgiving Holiday recess, it is important that you meet with your U.S. Representative(s) and express opposition to legislative efforts, including the House Energy and Commerce Subcommittee on Telecommunications and the Internet Broadband measure BITS II or revised measure (BITS III) that would:

  • Preempt local government’s franchise authority of traditional telephone providers entering the local video market by having the FCC, not cities, grant franchises to phone companies to provide cable like service;

  • Preempt local government’s longstanding authority to collect rent for use of public rights-of-way by significantly decreasing cable franchise fees by excluding advertising and other non'subscriber revenues from franchise fees;

  • Not provide recovery over the 5 percent franchise fee for public access channels or institutional networks;

  • Not require buildout of video/cable services to all citizens, regardless of race, age, income or location within a reasonable timeframe; and

  • Prohibit all regulation (federal, state and local) of internet-based phone companies that are not expressly allowed by the bill.

    While expressing opposition to the issues listed, it is important that you express that:

  • You stand ready to welcome video competition in your city from traditional telephone providers as fast and as much as the market will sustain;

  • Local government associations, including The U.S. Conference of Mayors, is ready to continue to negotiate on appropriate Broadband legislation prior to the Subcommittee on Telecommunications and the Internet markup; and

  • The Subcommittee on Telecommunications and the Internet delay markup of the Broadband measure (BITS II or revised III) until after the Winter recess to achieve such a result.

    Have your Representative(s) contact House Committee on Energy and Commerce Chairman Joe Barton (TX) and Ranking Member John Dingell (MI) and Subcommittee on Telecommunications and the Internet Chairman Fred Upton (MI) and Ranking Member Edward Markey (MA) to relay your opposition, concerns, and request to delay markup until after the Winter recess.

    Absent such expression of concern over the Thanksgiving Holiday recess, there is a very good chance that the Broadband measure (BITS II or a revised BITS III) could be marked up by the Subcommittee with little to no input by local government as with BITS II.

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