March 21, 2007

Will the State of Ohio give away last bastion of local control?

Bill Callahan reports that legislation has been introduced that effectively eliminates local control and public interest requirements video franchises in the State of Ohio. Ohio Senate Bill 117, modeled after AT&T-backed legislation passed in Michigan, is intended sweeten the return on phone companies video over broadband services by eliminating local franchising. Cable companies are OK with that because once their local franchises end they will not have to renegotiate them. What will happen? According to Callahan:

... existing cable providers will stop talking to local governments, having no further reason to do so. Where franchises expire (as is now the case with Time Warner in Cleveland), the cable companies will go to the state Commerce Director for pro forma approval of new ones — standard ten year terms, no more citywide service obligations, no more demands for special services to municipal and school facilities, no more requirements to support community media access and technology programs, no negotiation of any kind. Where a franchise remains in effect, the cable company can walk away whenever it chooses, and “no provision of that franchise or agreement is enforceable” by the community.

Has your cable company agreed to pay a fee to support “PEG” (public, educational and government) access television facilities, as in Cincinnati? That agreement will be unenforceable.

Has your cable company agreed to offer digital cable service — which is necessary for broadband Internet access — to households in every neighborhood, no matter how poor? That agreement will be unenforceable.

Has your cable company agreed to provide free or discount service to municipal buildings, schools, libraries, and nonprofits? Or senior citizen discounts? That agreement will be unenforceable.

Has your cable company agreed in past franchise negotiations to provide special one-time grant support for community technology or minority television development, as in Cleveland in 2000? Never again.

Will the state, as the new franchising “authority”, be able to negotiate any of these (or other) public benefits on behalf of its communities? Absolutely not. SB 117 says the Commerce Director must approve any properly completed “video service authorization” request within twenty days of its filing, or it goes into effect anyway.
“The director has no authority to regulate video service in this state, including, but not limited to, the rates, terms, or conditions of that service.”

Let your state Senator know that broadband service is vital to the future of Ohio and that local communities have the right to negotiate for universal service and community media so all Ohio citizens can participate fully in our economy, educational system and culture.

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