Cable industry reversal upsets California cities

By JOHN HILL
Sacramento Bee

27-JUN-06

http://www.shns.com/shns/g_index2.cfm?action=detail&pk=CABLE-06-27-06


SACRAMENTO, Calif. -- The cable television industry reversed course Tuesday 
on a bill to let telephone companies compete for cable business, agreeing 
to support it as long as cable providers have a way to get out of franchise 
agreements with local governments.

Cities opposed to Assembly Bill 2987 said the change heightens their 
concerns, arguing it would let cable companies walk away from commitments 
to public and educational programming, serving low-income areas and 
responding to consumer complaints.

The cable industry and the telephone companies had been waging an intense 
and expensive war over AB 2987 by Speaker Fabian Nunez, D-Los Angeles, and 
Assemblyman Lloyd Levine, D-Van Nuys.

Nunez has argued the bill would give consumers lower rates and more choices 
by encouraging competition. The cable industry had argued that it would let 
phone companies "cherry-pick" wealthier communities at the expense of 
lower-income television viewers.

But at a Senate committee hearing on the bill Tuesday, Dennis Mangers, a 
lobbyist for the cable industry, announced the about-face, assuming the 
bill is amended to allow cable companies to opt out of local franchise 
agreements.

Instead, they could choose to play by the state's rules, the same ones that 
will be imposed on the telephone companies that enter their turf by AB 2897.

The Senate Energy, Utilities and Communications Committee did not vote on 
the bill or any amendments, postponing a decision until another hearing on 
Thursday.

But the bill's authors have been exploring ways to allow cable companies to 
break their franchise agreements when they are faced with direct 
competition with telephone companies.

The details are still being worked out. One possibility, Mangers said in an 
interview, is for cable providers to be freed from their local agreements 
10 days before a competing company starts offering service.

"It's pretty narrow, but it was very important to my industry that we not 
be crippled by different fees" and other provisions, Mangers said. "The 
rules ought to be the same" for cable and telephone companies.

Mangers said some jurisdictions have used their leverage in granting 
franchises to impose requirements on cable providers unrelated to 
television, such as making gifts to non-profit organizations.

In other cases, he said, the local government requirements for funding 
channels dedicated to public, educational and government programming goes 
beyond what the federal government envisioned.

Even when cable companies abrogate their local franchise agreements, 
Mangers said, they would still be bound by state requirements. The bill 
currently authorizes a franchise fee of up to 5 percent of gross revenue 
for the local governments where the service is provided. Local governments 
could also tack on another 1 percent for the capital costs of public, 
educational and government channels.

But the League of California Cities remains opposed to the bill. Allowing 
cable companies to break their local agreements opens the door to different 
levels of service to different neighborhoods as new technologies become 
available, spokeswoman Megan Taylor said.

An analysis of the bill by Senate committee staff says local governments 
would still be able to enforce customer service standards.

AT&T and Verizon, faced with competition in the telephone industry, have 
been pushing for a statewide system that would allow them to offer cable 
television, Internet and phone services for one monthly fee.

As it is, the telephone companies can negotiate with local governments to 
provide cable, and have done so in a handful of cases. But they say that 
going city by city would take too much time.

The Assembly passed the bill 77-0, sending it to the Senate.

(Distributed by Scripps-McClatchy Western Service, http://www.shns.com.)


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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