http://www.latimes.com/entertainment/news/la-fi-tvbyphone28jun28,0,5651433.story?coll=la-home-headlines

Cities May Lose Power Over Cable TV
A compromise on a bill to let phone giants offer pay-TV service would strip 
California localities of most of their power over the cable industry.

By Marc Lifsher and James S. Granelli
LA Times Staff Writers

June 28, 2006



SACRAMENTO — California cities and counties would be stripped of most of 
their power to regulate local cable television operators as part of a 
compromise that emerged Tuesday in a high-stakes legislative battle over 
local television service.

The plan would allow cable TV operators to be regulated statewide by the 
California Public Utilities Commission.

Local officials were wary Tuesday of the proposal, saying they were worried 
about the effect on pay-TV consumers if local governments could no longer 
set basic rates, ensure equal access to services for all residents and 
handle customer complaints.

The PUC's proposed role in setting pay-TV rates and service standards was 
not spelled out Tuesday.

"We still think that the kinds of problems that come up are going to be 
best solved at the local level," said Megan Taylor of the League of 
California Cities. "If someone puts graffiti on switching boxes, are you 
going to call the PUC?"

Dan Wall, the top lobbyist for Los Angeles County, agreed. "We think local 
control is the best model, but that doesn't seem to be an option," he said.

The compromise was unveiled in the state Senate on Tuesday by Assembly 
Speaker Fabian Nuñez (D-Los Angeles). He has been shepherding a bill 
through the Legislature that would allow the state's telephone companies to 
begin offering local television service transmitted through phone lines. 
The legislation passed the Assembly on May 31.

As originally written, the Nuñez bill, AB 2987, called for statewide 
regulation of the phone companies, including AT&T Inc. and Verizon 
Communications Inc., in providing TV service. But it did not address cable TV.

Cable companies called it unfair that they would have to deal with the 
demands of numerous local governments while the phone companies would have 
to contend with only one statewide regulator.

As a result, Nuñez said that a compromise was at hand while a Senate 
committee began considering his bill on Tuesday. He offered an amendment 
calling for statewide regulation of cable operators and phone companies.

"This is about providing customer choice, about lowering prices and about 
making everybody happy," Nuñez told the committee Tuesday.

Counties and cities, not wanting to buck the powerful speaker, spent much 
of Tuesday afternoon furiously negotiating with the speaker's staff to 
salvage what they could from the proposed regulatory scheme before a key 
vote in the Senate Energy, Utilities and Telecommunications Committee on 
Thursday.

Advocates for consumers and small businesses split over the Nuñez bill.

Proponents of the legislation argued that allowing phone carriers to offer 
pay-TV service under a statewide franchise would boost competition, 
encourage the introduction of new products and lower prices.

"You cannot go city by city in our state and remain competitive," said 
Ronald Gastelum, president of the Greater Los Angeles Area Chamber of 
Commerce, which represents small-business owners.

Opponents argued that eliminating much of the local control over television 
franchises would leave customers unprotected.

"It's a complete bailout for cable companies and AT&T to ramrod a bill that 
has no controls on either industry," said Jamie Court president of the 
Foundation for Taxpayer and Consumer Rights based in Santa Monica.

The tentative agreement removes the cable industry's opposition to the bill 
and sets the stage for expected passage by the full Legislature before it 
adjourns Aug. 30.

"We had to do what was in the best interest of our clients," said Dennis 
Mangers, a lobbyist for the California Cable & Telecommunications Assn. He 
predicted that most of his industry, dominated by Comcast Corp., Adelphia 
Communications Corp., Cox Communications Inc., Time Warner Cable and 
Charter Communications Inc., would opt for a state franchise if Verizon or 
AT&T entered their service territories.

Cities and counties, the bill's primary remaining opponents, concede they 
have little chance of slowing down the measure.

Local governments are particularly worried that they would get less money 
from cable TV operators through franchise fees. The bill would require 
phone and cable companies to pay local governments the same 5% fee now paid 
by cable operators under local franchise agreements but could change the 
way those fees are calculated.

Cities and counties and some consumer advocates also said they wanted to 
make sure that Nuñez's bill would prevent telephone companies from favoring 
high-income neighborhoods in the delivery of Internet, phone and video service.

"We want to ensure service to all communities," said Los Angeles City 
Councilman Alex Padilla.

Until now, the battle over the bill had been shaping up as the year's 
biggest clash between competing business interests: cable TV versus the 
phone companies.

For months, the phone and cable industries had been preparing for warfare 
by running campaign-style advertisements in newspapers and on television to 
influence lawmakers, the governor and the public.

The state's major phone companies declined Tuesday to comment specifically 
on Nuñez's deal with the cable companies.

Kenneth P. McNeely, president of AT&T California, said he expected the 
governor to sign the bill because it "encourages competition and choice and 
significant investment in a broadband infrastructure."

But assuming statewide franchising goes into effect Jan. 1, it's difficult 
to say how soon the phone companies can start offering video service.

AT&T would not say where it plans to roll out pay-TV because it wants to 
help cable companies focus efforts to lock customers into long-term contracts.

Verizon spokesman Jonathan Davies said the company already has fiber-optic 
lines going to homes in 30 California cities. Once statewide franchising 
takes effect, he said, the company could offer pay-TV in those cities in 
one to three months, depending on how much additional equipment is needed.

"The hard part is putting in the fiber," Davies said. "The back-office 
stuff is not as time-consuming."


=================================================
George Antunes                    Voice (713) 743-3923
Associate Professor               Fax   (713) 743-3927
Political Science                    Internet: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011         



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