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How State Legislation Is Affecting the Public Interest : 

How State Legislation Is Affecting the Public Interest Presented by Joseph Van Eaton Miller & Van Eaton, P.L.L.C. January 12, 2007

Outlook for 2007: 

Outlook for 2007

What’s To Lose from Cable Franchising?: 

What’s To Lose from Cable Franchising? Time-limited franchises, terms changeable over time. Enforcement at local level; penalties plus revocation of franchise can result; Uniform upgrades to facilities required RoW Control Requirements fixed by state law, tied to today’s requirements; renewal almost automatic Enforcement weak or cumbersome at state and local level No control or limited control of facilities RoW control?

What’s To Lose from Cable Franchising?: 

What’s To Lose from Cable Franchising? Universal, uniform service based on local needs PEG channels defined by local needs; connections to local PEG facilities; support for facilities and equipment; advanced services No standards or statewide standards with significant loopholes PEG often limited, and in some cases there is no clear way to place a high-quality signal on the network

What’s Being Lost in Telco Regulation?: 

What’s Being Lost in Telco Regulation? Right to require service improvements, facilities extension Right to regulate on an ongoing basis through “public interest” standard Common carriage/neutral network obligations No such rights No such rights No common carrier obligations Vested rights make regulations subject to “interstate commerce” challenge

Why the Internet Doesn’t Solve Everything: 

Why the Internet Doesn’t Solve Everything

States Legislatures Adopting State Franchising: 

States Legislatures Adopting State Franchising Texas North Carolina Virginia California Indiana Michigan Kansas Louisiana** New Jersey Arizona South Carolina ** Passed but vetoed.

States in Play in 2007 : 

States in Play in 2007 Connecticut Florida Iowa Louisiana (veto) Maine Massachusetts Minnesota Missouri New York Pennsylvania Tennessee Wisconsin

The Test for the Public Interest: 

The Test for the Public Interest Can an alternative be developed for state legislation that protects the public but promotes competition? Can a public interest coalition be created and maintained over a period of years.

WHAT’S MISSING?: 

WHAT’S MISSING? Termination or abandonment? Prevention of media consolidation? No consumer rebates, refunds and credits No construction and repair notices. No stand-by power. No CPE and cable-ready TV compatibility. No mention of disabled community. No record of customer service complaints.

WHAT’S MISSING?: 

WHAT’S MISSING? No emergency alert system. No upstream connections for PEG signals. No signal testing or performance evaluations. No restrictions on operator editorial control of PEG. No reference to “non-standard installations” No privacy rights and disclosures. No EEO and Small Business Procurement practices No prohibition of anti-competitive pricing within the franchise area.