Before the
FEDERAL
COMMUNICATIONS COMMISSION
In the matter of )
)
Implementation of Section 621(a)(1) of the Cable )
Communications Policy Act of 1984 as amended ) MB Docket No. 05‑311
by the Cable Television Consumer Protection and )
Competition Act of 1992 )
)
COMMENTS
OF PIEDMONT TRIAD COUNCIL OF GOVERNMENTS (PTCOG)
ON
BEHALF OF ITS MEMBER GOVERNMENTS LISTED AT ATTACHMENT
_____________
IN
RESPONSE TO THE FURTHER NOTICE
OF PROPOSED RULEMAKING
PTCOG submits these comments in response to the
Further Notice of Proposal Rulemaking, released
1. PTCOG is the local regional
council representing its members (see attachment) in cable franchising
matters. There are six franchised cable
operators within our jurisdiction. Those
cable operators, along with the current expiration dates of their franchises
are: Time Warner; LEXCOM; Charter;
Uwharrie;
2. We support and adopt the
comments of the National Association of Telecommunications Officers and
Advisors, the National League of Cities, the National Association of Counties,
the U.S. Conference of Mayors, the
3. We oppose the Further Notice’s
tentative conclusion (at ¶ 140) that the findings made in the FCC’s March
5, 2007, Order in this proceeding should apply to incumbent cable operators,
whether at the time of renewal of those operators’ current franchises, or
thereafter. This proceeding is based on
Section 621(a)(1) of the Communications Act, 47 U.S.C.
§ 541(a)(1), and the rulings adopted in the Order are specifically, and
entirely, directed at “facilitat[ing] and expedit[ing] entry of new cable
competitors into the market for the delivery of video programming, and
accelerat[ing] broadband deployment” (Order at ¶ 1).
4, We disagree with the rulings in the
Order, both on the grounds that the FCC lacks the legal authority to adopt them
and on the grounds that those rulings are unnecessary to promote competition,
violate the Cable Act’s goal of ensuring that a cable system is “responsive to
the needs and interests of the local community,” 47 U.S.C. § 521(2), and
are in conflict with several other provisions of the Cable Act. But even assuming, for the sake of argument,
that the rulings in the Order are valid, they cannot, and should not, be
applied to incumbent cable operators. By
its terms, the “unreasonable refusal” provisions of Section 621(a)(1) apply to “additional competitive franchise[s],” not to
incumbent cable operators. Those
operators are by definition already in the market, and their future franchise
terms and conditions are governed by the franchise renewal provisions of
Section 626 (47 U.S.C. § 546), and not Section 621(a)(1).
5. We strongly endorse the Further
Notice’s tentative conclusion (at para. 142) that Section 632(d)(2) (47 U.S.C. § 552(d)(2)) bars the FCC from
“prempt[ing] state or local customer service laws that exceed the Commission’s
standards,” and from “preventing LFAs and cable operators from agreeing to more
stringent [customer service] standards” than the FCC’s.
Respectfully submitted,
David H. Harris
Regional Cable Administrator
Piedmont Triad Council of Governments
336-294-4950 phone
336-632-0457 fax
Enclosure:
List of represented municipalities and counties with listing of expiration dates of franchise agreements
PIEDMONT TRIAD COUNCIL OF GOVERNMENTS LIST OF REPRESENTED MUNICIPALITIES AND COUNTIES WITH LISTING OF EXPIRATION DATES OF FRANCHISE AGREEMENTS
|
|
|
|
|
|
|
COUNTY/CITY |
CABLE OPERATOR |
ORDINANCE DATE |
FRANCHISE DATE |
FRANCHISE EXPIRES |
|
|
|
|
|
|
|
|
|
|
|
|
|
Alamance |
Time Warner |
|
|
|
|
Caswell |
Comcast |
|
|
|
|
Caswell |
Charter |
|
|
|
|
Davidson |
Time Warner |
|
|
|
|
Davidson |
Time Warner |
|
|
|
|
Davidson |
Piedmont Cable |
|
|
|
|
Davidson |
Uwharrie cable |
|
|
|
|
Davidson |
LEXCOM |
|
|
|
|
|
Time Warner |
|
|
|
|
|
Time Warner |
None |
|
|
|
Rockingham |
Time Warner |
|
|
|
|
Archdale |
Time Warner |
None |
|
|
|
|
Time Warner |
|
|
|
|
|
Time Warner |
None |
|
|
|
|
Time Warner |
|
|
|
|
Elon |
Time Warner |
None |
|
|
|
Gibsonville |
Time Warner |
|
|
|
|
Graham |
Time Warner |
|
|
|
|
|
Time Warner |
|
|
|
|
|
Time Warner |
|
|
|
|
|
LEXCOM |
|
|
|
|
|
Time Warner |
|
|
|
|
|
Time Warner |
|
|
|
|
|
LEXCOM |
|
|
|
|
|
Time Warner |
|
|
|
|
Mayodan |
Time Warner |
|
|
|
|
|
Time Warner |
|
|
|
|
Pleasant Garden |
Time Warner |
|
|
|
|
Ramseur |
Time Warner |
None |
|
|
|
Randleman |
Time Warner |
|
|
|
|
Reidsville |
Time Warner |
|
|
|
|
Stokesdale |
Time Warner |
|
|
|
|
Summerfield |
Time Warner |
|
|
|
|
Yanceyville |
Comcast |
|
|
|