US Telco Support > Verizon > Verizon Fiber Optics > Verizon Goes to Court to bring FIOS TV to Mont County MD

reply to JTRockville

Re: Verizon Goes to Court to bring FIOS TV to Mont County MD

There is already a (federal) limit on the number of days a community has to grant (or deny) a franchise once the application has been filed. I can't remember how many days it is though.

It's odd that VZ never mentioned the cable office instructions not to file the application publicly - particularly during the hearings when Praisner begged VZ to file the application.

reply to JTRockville

said by JTRockville:

According to guppy_fish , it's the county's duty to secure a delay, not the judge's.


Who knows though, there's probably nothing stopping the judge from adding even more delays.

reply to DonLibes

reply to JTRockville

I'd like to think Verizon is pressing the state, but this past spring our cable administrator (who was a state delegate for a while) said there wasn't any talk of a state-wide video franchise while she was there.

So maybe Verizon didn't bother with MD because they wanted this suit to go forward. Or maybe the people making state decisions like things the way they are.

Did anyone go to the hearing?? or was it closed???
--
---Barney

reply to JTRockville
Court Denies Verizon’s Md. Injunction Request
By Linda Haugsted 8/8/2006 7:05:00 PM

A federal court judge rejected a request by Verizon Communications' Maryland division for a preliminary injunction to block implementation of franchising rules for Montgomery County, Md.

Judge Marvin Garbis also directed Verizon to work with a mediator to resolve issues arising out of the county's attempts to issue a franchise with terms comparable to incumbent video competitors.

Verizon filed a lawsuit June 29 in U.S. District Court for the District of Maryland, alleging that the county's cable-franchising rules constitute prior restraint and delegate "untrammeled authority" to local officials to deny franchise requests at will.

County officials countered that they have service standards and other local rules that must apply to all video providers. County officials are also promoting build-out requirements for the local franchise. The county also noted that while Verizon initiated negotiations with the county in March 2005, the company has yet to actually file a county franchise application.

County chief administrative officer Bruce Romer said Tuesday’s bench ruling rejecting Verizon's injunction request is a victory for consumers, as it denies Verizon's "attempt to enter the market by striking down our consumer safeguards."

While Garbis sent the parties to mediation, he retained control of the lawsuit in the event that they are unable to agree even with the assistance of a magistrate.

»www.multichannel.com/article/CA6···ing+News

reply to PaulGo

I hope Verizon now gets serious, instead of using Montgomery County for enacting national legislation. I think with the help a a mediator they can come to an agreement they can both live with.

reply to TheOtherPete

I would expect an appeal. As I see it that's an improper ruling. Verizon contended that there are violations of law in the franchise language in MoCo. You can't send someone off to mediation without ruling on the violations of existing law first, IMHO.

reply to TheOtherPete
The judge denied the injunction. This was step 2.

"While Garbis sent the parties to mediation, he retained control of the lawsuit in the event that they are unable to agree even with the assistance of a magistrate."

The case is not over yet.

Time to get voters motivated.

reply to TheOtherPete
Let me reflect.

I lived in Montgomery County from approximately 1987-2000 and the names Doug Duncan and Bruce Romer were very familiar then as I recall. Romer has been around in the City of Rockville before going to MC Government.

We are now in 2006.

Maybe time for some governmental change in MC, as it sure seems that Verizon has played well with almost all the other DC Metro area governments.

Not saying that Verizon is totally clean here, however, I would bet they are much cleaner than the local government folks.

If Verizon did listen to what the local MC guys said about holding off on submitting a franchise agreement, shame on Verizon for being foolish. They took the bait; hook, line and sinker!

Gee, I wonder how many kickbacks, how much campaign money and how much Comcast stock MC Government folks have in their freezers??

I was really surprised when Fairfax moved as quick at they did with Verizon. Maybe it had something to do with how badly Cox performed during their "digital" upgrade with all the delays, outages and unhappy county residents!

I am happy that I have more choice here in Fairfax now. Cox is hemorrhaging customers to Verizon, but Cox really only has themselves to blame for the desertion of their customer base.

Good luck MC, I hope something works out for you so you have other choices soon. Both for communications and political options.

Google Doug Duncan!

Gotta love this web link!!

»www.dougduncan.com/

Who knows, it could possible get worse before it gets better for MC and MD?

Competion RIP!

jfoj

reply to BarneyBadAss

reply to JTRockville
This is what Verizon wanted all along. There was Zero chance of an injunction, Verizon lawyers knew this but got what they really wanted, which was a court supervised mediation. ( there would be no other way to force MC into mediation )

What this means is MC can't do any more sneaky tricks or ask for what is not lawful as the mediator will flags such attempts. Verizon will probably offer what the surrounding county's agreed to and then put all the pressure on MC. If MC try's to play the same old games with the court ordered mediation, they will quickly find out that Federal Judges have close to unlimited powers, and with a single order strike down any law or ordinance MC had previous passed.

This is actually the most progress MC residents have had yet and it IS a defined process with dead lines implemented by the courts and will result in FIOS TV ... Verizon was smart to take this path.

I differ on the end result will be. Me thinks Verizon will get what 100's of other city's/towns have agreed to, MC will NOT get anything more and further, have now lost all ability to control the outcome. Their only leverage was to not approve, that's gone now as the courts trump them on any demands beyond what is customary or legal