HomeMy WebLinkAboutResolution 953 A RESOLUTION OF THE NATIONAL LEAGUE OF CITIES �..-
RELATIVE TO FEDERAL CABLE LEGISLATION, LOCAL
AUTHORITY AND CABLE SUBSCRIBER PROTECTI /'/� �"2
B Mayor Paul E. zeltner SOL�`rI®� ���
Y Y riF-
City of Lakewood, California
�.. WHEREAS, the provision of cable television service -has
already proven to be a valuable service to thousands of
communities across the country and holds great potential to
all cities; and
WHEREAS, local governments have had the responsibility
for franchising cable television systems in their cities and
for overseeing the implementation of those franchises once
awarded; and
WHEREAS, in most cases, cable television systems will
likely enjoy exclusivity within a community and will be the
only telecommunications medium with a direct link to the
homes of citizens with its facilities using the public's
right-of-way; and
WHEREAS, the presence of a strong local government role
in the overseeing of franchise agreements has worked to
ensure that contractual obligations are carried out and the
public interest served; and
WHEREAS, S.66 was approved by the U.S. Senate and is
substantially the same as H.R. 4103, which is pending before
the Energy and Commerce Committee of the U.S. House of
NOW the
and
WHEREAS, the provisions of S.66 have been specifically
opposed by the NLC Transportation and Communications policy
committee and the municipal leagues of California, Colorado,
Iowa, Maryland, Michigan, Minnesota, Nebraska, Ohio,
Pennsylvania, Tennessee, Texas and Wyoming; and S.66
opposition resolutions are pending before additional
municipal leagues; and
WHEREAS, S.66 is in direct conflict with the cable
communications provisions of the NLC National Municipal
Policy, the primary NLC policy document; therefore,
modifications must either be made to the existing NLC
National Municipal Policy statement on cable communications
or NLC's traditional policy in favor of local authority over
cable franchises should be reaffirmed via this -- or other
similarly formulated -- resolution; and
WHEREAS, NLC's continued support of S.66 would isolate
the League from its customary public interest partners on
cable legislation, including the U.S. Conference of Mayors,
the National Federation of Local Cable Programmers, the
v National Association of Counties and the Cable Television
Information Center; and
WHEREAS, the NLC Board of Directors in July recognized
that, "There are numerous substantive concerns among cities
on various portions of the compromise including franchise
renewal provisions, buy back procedures and grandfathering
of existing franchises and RFPs"; and
WHEREAS, S.66 will enable cable operators to renege on
franchise commitments in terms of services, facilities and
equipment;
NOW, THEREFORE, BE IT RESOLVED, by the National League
of Cities, assembled at the 1983 Congress of Cities in New
r%_1_=na T.^iiiciana _ AA fn11_rw5&:
Section 1. National League of Cities support for U.S.
Senate Bill 66 and House of Representatives Bill 4103 -- and
any other similarly formulated federal cable legislation is hereby withdrawn until the following modifications are
made: -
1.1 That federal cable legislation not limit the option
of local governments to regulate the rates charged by cable
operators for basic service, should cities believe rate
regulation is in the public interest.
1. 2 That federal cable legislation not limit the option
of local governments to define by negotiation with cable
operators the definition of basic service.
1. 3 That federal cable legislation provide maximum
competition in the franchise renewal process with no
presumption or expectancy of renewal on the part of the
cable operator holding the franchise.
1.4 That federal cable legislation "grandfather" all
existing franchises, and their terms and conditions and all
franchise processes in which a Request for Proposals has
been issued; and that federal legislation not apply to
renegotiated franchise agreements, signed within six months
of enactment.
1. 5 That federal cable legislation not provide cable
companies with the power to abrogate contractual obligations
based on a unilateral assertion by a cable operator of a
significant "change in circumstances" in the cost,
marketability, or any cable operator-controlled condition
affecting the availability of any cable service, facility
and equipment.
1.6 That federal cable legislation not limit the
ability of local governments to mandate public, educational,
government, and leased access to cable television.
1.7 That federal legislation protect cities from
antitrust liability for compliance with federal law.
1.8 That federal legislation limiting franchise fees
not apply to fees, charges and taxes charged to a cable
operator as part of a larger class, for example, utility
user taxes.
Section 2. That Congress is urged to closely examine
the potential of federal legislation in the areas of minimum
technical standards, minimum cross ownership provisions,
corruption of franchising processes, minimum consumer
protection safeguards, minimum third-party access standards
and minimum standards for interconnection.
Section 3. That in working with Congress in the whole
area of cable communications legislation, the National
League of Cities shall be guided by the principle of
preserving existing municipal authority in the cable
communications field, which has greatly benefited the cable
television industry, the cities and nation.