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story category FCC Loves Their TelcoTV
Crafting new order to grease the rails...
(old news - 09:09AM Friday Dec 01 2006)
tags: competition · fcc · business · telco
The FCC is planning to use an upcoming report on high cable prices to establish that Satellite and cable providers exist in a "cozy duopoly" and that streamlining the video franchise system for telcos would speed up TV competition. Eager to eliminate city-by-city negotiations (and lobbying), the baby bells have been trying to pass a national franchise law with no luck. They have, however, been successful in passing statewide franchises in Texas, California and New Jersey.

The USAToday piece suggests that franchise negotiations have slowed Verizon's efforts to offer FiosTV, but as we recently noted, Verizon themselves have stated that isn't the case. As for AT&T, they've declared that their IPTV service does not fall under traditional cable laws, so they've ignored the franchise process entirely - suing municipalities who disagree with them.

That said, the FCC's order does resolve one problem with the franchising system: unreasonable demands by municipalities during the negotiations process.
"The order would also make it harder for localities to impose "unreasonable" requirements. In one case, the FCC says, a video provider was asked to build a recreation center and swimming pool. In another, a video applicant was asked to fork over $1 million and fund a $50,000 scholarship with annual contributions."
Critics of franchise reform argue that the push by telcos strips localities of any negotiating authority, eliminates public access and limits a municipality's ability to hold these companies to deployment watermarks for next generation services. The debate generally hasn't been about whether these companies should have easy entry into the TV market. Instead, it's focused on what kind of reform balance can be struck to ensure consumer protections and reasonable deployment.

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  8. FCC Greenlights Centurytel/Embarq With Wimpy Conditions
Forums » FCC Loves Their TelcoTV
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SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Franchise reform good...

...but the FCC talking about a cozy duopoly is sheer hypocrisy. The FCC were the ones that created the environment in the first place. Allowing exclusive franchises in the cable industry pretty much killed competition in that market. I still say there should be a neutral infrastructure that providers can lease to. This would eliminate the need for any of this.

I still say local franchises are good, and adding some regulation to make sure the municipalities don't abuse that is even better. We'll have to wait and see if this reform ends up being good for the customer, or just good for the telcos.

MysticGogeta
The Robot Devil
Premium
join:2005-03-14
League City, TX
clubs:
·Comcast

Re: Franchise reform good...

I think this is good that the FCC is giving some love to Teleco TV, but now I'm waiting for more deployment to see how the prices will compare to what I'm paying.
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cableties
Premium
join:2005-01-27
Newtown, PA

But...

isn't it nice? I mean, AT&T and Verizon use the costs as writeoffs (to take from the slush fund of all those useless surcharges and regulatory fees we pay).
I wonder if they put a big logo in the bottom of the pool. "Can you hear me drown?"

LiamJunket
Premium
join:2002-03-03
Ocean City, NJ
·Comcast

Eliminating local franchises eliminates local pol graft

Getting rid of local franchise agreements eliminates 1 more source of graft - the local politicians. And if we can get rid of state franchises and substitute national franchises( a bill is still waiting in Congress), we can get rid of state graft too. Paying off a lot less pols(only national ones then) should result in a faster rollout and lower costs due to less graft and payoffs.
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N3OGH
Bear patrol must be working like a charm
Premium
join:2003-11-11
Philly burbs
·Verizon Online DSL

Re: Eliminating local franchises eliminates local pol graft

You make a valid point, when it comes to greedy local politicians and franchise agreements, but...

I would sure as hell rather see my franchise tax go to my local municipality, where I can show up to the township meetings (and I do) and gripe about how the people who are spending the money (the township supervisors) are spending it.

With a national franchise, all that money goes to DC. It's just another drop in the bucket for them. More cash to study the mating habits of the duck billed cockroach, or to build a bridge to nowhere....
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yock
TFTC
Premium
join:2000-11-21
Fairfield, OH

Re: Eliminating local franchises eliminates local pol graft

said by N3OGH See Profile :

You make a valid point, when it comes to greedy local politicians and franchise agreements, but...

I would sure as hell rather see my franchise tax go to my local municipality, where I can show up to the township meetings (and I do) and gripe about how the people who are spending the money (the township supervisors) are spending it.

With a national franchise, all that money goes to DC. It's just another drop in the bucket for them. More cash to study the mating habits of the duck billed cockroach, or to build a bridge to nowhere....
They're gonna do that shit anyway. Woulnd't you rather see the possibility of competition?
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Alpine
Premium
join:2000-01-11
Atlanta, GA


1 edit

Re: Eliminating local franchises eliminates local pol graft

said by yock See ProfileThey're gonna do that shit anyway. Woulnd't you rather see the possibility of competition?
That's essentially my take on this. I really don't care where the money goes, since it's going to go "somewhere," as long as deployment can be accelerated.

Adam
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Yeah, the competition is to see who can pay the biggest bribe to lock everyone else out. What is the difference between that and some of the local franchises? I would rather have the local franchise to keep the money local to be wasted locally, not for some fat cat in DC to waste it on something I will never see like a study on how steak and lobster in the private politicians club in DC for a below cost price at taxpayer's expense is good for America. (Wait, they do not do a study, they just take the money and go eat)
--
I am not lost, I find myself every time.

LiamJunket
Premium
join:2002-03-03
Ocean City, NJ
·Comcast

said by N3OGH See Profile :

You make a valid point, when it comes to greedy local politicians and franchise agreements, but...

I would sure as hell rather see my franchise tax go to my local municipality, where I can show up to the township meetings (and I do) and gripe about how the people who are spending the money (the township supervisors) are spending it.

With a national franchise, all that money goes to DC. It's just another drop in the bucket for them. More cash to study the mating habits of the duck billed cockroach, or to build a bridge to nowhere....
Actually the national law in Congress sets aside 5% of franchise tax to go to the local community. The money doesn't go back to Washington,DC. Then the local community can do with it as they see fit.
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N3OGH
Bear patrol must be working like a charm
Premium
join:2003-11-11
Philly burbs

Re: Eliminating local franchises eliminates local pol graft

If that's the case, then I support it....

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

said by LiamJunket See Profile :

Actually the national law in Congress sets aside 5% of franchise tax to go to the local community. The money doesn't go back to Washington,DC. Then the local community can do with it as they see fit.
5% seems like a paltry sum, especially if a local community takes in much more from the local franchise fees. Plus what happens to local programming? State and federal franchises give little incentive for providers to cater to the actual local community.

fredlydeadly

@sbc.com

Re: Eliminating local franchises eliminates local pol graft

said by SRFireside See Profile :

said by LiamJunket See Profile :

Actually the national law in Congress sets aside 5% of franchise tax to go to the local community. The money doesn't go back to Washington,DC. Then the local community can do with it as they see fit.
5% seems like a paltry sum, especially if a local community takes in much more from the local franchise fees. Plus what happens to local programming? State and federal franchises give little incentive for providers to cater to the actual local community.
Where do you think that money comes from? It isn't like the cable/telcos reduce their profit margins - they just boost what you pay to pass the additional cost through.

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Re: Eliminating local franchises eliminates local pol graft

said by fredlydeadly :

Where do you think that money comes from? It isn't like the cable/telcos reduce their profit margins - they just boost what you pay to pass the additional cost through.
And this makes a difference, how? Those fees will be in your bill whether it comes from a local franchise fee or a national one. I'm talking about how much of that fee actually goes to your community.

garagerock
Premium
join:2002-06-14
Louisville, KY

said by LiamJunket See Profile :

Getting rid of local franchise agreements eliminates 1 more source of graft - the local politicians. And if we can get rid of state franchises and substitute national franchises( a bill is still waiting in Congress), we can get rid of state graft too. Paying off a lot less pols(only national ones then) should result in a faster rollout and lower costs due to less graft and payoffs.
Riiiiiiiight. This will directly lead to more deployment. (rolls eyes)

Maybe the local muni's in NJ are how you describe them, but I take great umbrage to others deciding, through legislation, that all muni's are greedy and corrupt. Like broadband penetration, everyone assumes since they have it bad, well everyone must have it bad. (or vice versa) This is not the case here, so why should I go along with this assumption?

I'm certain if you polled the entire nation about their local governments, you may be surpised to find most are satisfied with the services they receive from them. And franchise fees help make that happen-without raising taxes.

yock
TFTC
Premium
join:2000-11-21
Fairfield, OH

Re: Eliminating local franchises eliminates local pol graft

Franchising fees do help subsidize local government, but it is at the cost of competition. Tell me how it's in your best interest as a consumer that the government is essentially profiting off of your lack of choice in providers.

SRFireside

join:2001-01-19
Houston, TX
·RoadRunner Cable

Re: Eliminating local franchises eliminates local pol graft

said by yock See Profile :

Franchising fees do help subsidize local government, but it is at the cost of competition. Tell me how it's in your best interest as a consumer that the government is essentially profiting off of your lack of choice in providers.
How is this at the cost of competition? We're just talking about fees. This has little to do with actual deployment. The problem is abuse of the local franchises. If you fix that there is no need for state and federal franchising.
bmn
? ? ?
Premium,ExMod 2003-06
join:2001-03-15
hiatus
·Packet8

said by yock See Profile :

Franchising fees do help subsidize local government, but it is at the cost of competition. Tell me how it's in your best interest as a consumer that the government is essentially profiting off of your lack of choice in providers.
Franchise agreements can no longer be exclusive... Therefore, franchise agreements can not longer prevent competition.
--
Prove it...

yock
TFTC
Premium
join:2000-11-21
Fairfield, OH

Re: Eliminating local franchises eliminates local pol graft

said by bmn See Profile :

said by yock See Profile :

Franchising fees do help subsidize local government, but it is at the cost of competition. Tell me how it's in your best interest as a consumer that the government is essentially profiting off of your lack of choice in providers.
Franchise agreements can no longer be exclusive... Therefore, franchise agreements can not longer prevent competition.
Were the existing excludive agreements nullified by this?
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Wiki Wiki
Laughter is the closest distance between two people. --Victor Borge
"Our politicians help the terrorists every time they use fear as a campaign tactic." -- Bruce Schneier

batageek
Slave To The Duopoly
Premium
join:2003-01-25

Re: Eliminating local franchises eliminates local pol graft

»findarticles.com/p/articles/mi_m···15769154

"Section 621 of the statute ....the 1992 Cable Act.... prohibits local authorities from granting exclusive franchises and from unreasonably refusing to award a second franchise."

yock
TFTC
Premium
join:2000-11-21
Fairfield, OH

Re: Eliminating local franchises eliminates local pol graft

Yes, they are barred from granting exclusive rights, btu are the existing exclusive agreements nullified?

batageek
Slave To The Duopoly
Premium
join:2003-01-25

Re: Eliminating local franchises eliminates local pol graft

if one guesses that the longest typical franchise is around 15 years, and the cable act was passed in 1992, if a new franchise was passed then, the last of the 15 year franchises would be up next year.
bmn
? ? ?
Premium,ExMod 2003-06
join:2001-03-15
hiatus
·Packet8

»www.lib.niu.edu/ipo/1994/im940207.html

The 1992 Cable Act didn't nullify existing exclusive agreements because it legally couldn't do so... The Congress didn't have the authority to terminate a contract already entered into by the local municipalities and the cable providers. They did have the authority to regulate the rules next time though.

As for whether that's an issue... Since most franchise agreements are no longer than 10 or 15 years, the affects of the 1992 Cable Act will have started to dwindle the remaining exclusive franchises that are left.

It would be nice to see some overbuilding in the cable and telco arenas... Of course everyone knows that the existing provers will use the courts and their current positions to keep any new players out. The talk about competition, but they certainly don't walk it.
--
Prove it...

batageek
Slave To The Duopoly
Premium
join:2003-01-25

Pol graft? How? "Please transfer all fees directly into my Swiss Bank Account - Love Mayor Moneybags"

Franchise fees go towards a lot of different things depending on the community.

Some cities use it to fund local access programming.

Some use it to fund the public works employee that is responsible for making sure the right of ways are used properly (i.e. that at&t box ends up hidden rather than in the front yard - »www.lightreading.com/document.as···d=109923 - apparently that didn't happen here.)

Regardless of where it goes, the fee comes directly back to your community for the providers use of your city's right of ways - YOUR taxpayer right of ways. Pushing that off to the state or federal level just holds that cash back from your city. You certainly don't expect the state or feds to administer the delivery of those funds for free, do you?

Not to mention, the main thing local franchises do is ensure all of your town is covered. The "free market" bs about who should be served is not true. You'll be screaming up a storm when you're on the wrong side of the equation and not being served. This is the crap at&t is trying to pull with its slightspeed rollout.

The franchising fees do nothing to hurt competition - It's not like the Comcast's of the world eat those fees (or even try to bury them in your bill.) They're passed directly onto the customers anyway as a line item on your bill.
bmn
? ? ?
Premium,ExMod 2003-06
join:2001-03-15
hiatus
·Packet8

said by LiamJunket See Profile :

Getting rid of local franchise agreements eliminates 1 more source of graft - the local politicians. And if we can get rid of state franchises and substitute national franchises( a bill is still waiting in Congress), we can get rid of state graft too. Paying off a lot less pols(only national ones then) should result in a faster rollout and lower costs due to less graft and payoffs.
Yeah, and then all the consumer protections offered by franchise agreements will be lost, there will be NO local access content (school channels, government announcement channels, EOC channels, etc.) and there is no way you can complain when the provider fails to hold up their end of the franchise agreement. The creation of national franchise agreements clearly puts all of the power into the hands of the provider and leaves the consumer with nothing.

As for your assertion that the providers will spend less time greasing palms... You clearly need to get a dose of reality. The politicians in DC are the neediest bunch of beggars in the political pipeline.
--
Prove it...

asfdsadfsdafffff

@sbc.com

Re: Eliminating local franchises eliminates local pol graft

said by bmn See Profile :

said by LiamJunket See Profile :

Getting rid of local franchise agreements eliminates 1 more source of graft - the local politicians. And if we can get rid of state franchises and substitute national franchises( a bill is still waiting in Congress), we can get rid of state graft too. Paying off a lot less pols(only national ones then) should result in a faster rollout and lower costs due to less graft and payoffs.
Yeah, and then all the consumer protections offered by franchise agreements will be lost, there will be NO local access content (school channels, government announcement channels, EOC channels, etc.) and there is no way you can complain when the provider fails to hold up their end of the franchise agreement. The creation of national franchise agreements clearly puts all of the power into the hands of the provider and leaves the consumer with nothing.

As for your assertion that the providers will spend less time greasing palms... You clearly need to get a dose of reality. The politicians in DC are the neediest bunch of beggars in the political pipeline.
The state franchise laws still require the telcos/MSOs to carry Public, Educational, and Governmental channels and the 5% the communites get can help pay for it. This isn't that different from current practice, but should stop extortionate attempts from local special interests to get just one more concession from a MSO.
bmn
? ? ?
Premium,ExMod 2003-06
join:2001-03-15
hiatus
·Packet8

Re: Eliminating local franchises eliminates local pol graft

said by asfdsadfsdafffff :

The state franchise laws still require the telcos/MSOs to carry Public, Educational, and Governmental channels and the 5% the communites get can help pay for it. This isn't that different from current practice, but should stop extortionate attempts from local special interests to get just one more concession from a MSO.
Still says nothing of the consumer protections that are built into the franchise agreements with respect to things like quality of service, etc.
--
Prove it...

yock
TFTC
Premium
join:2000-11-21
Fairfield, OH

Don't get me wrong, I'm not endorsing the trend toward large, powerful, Federal government. I just think there are better ways to generate revenue than some arbitrary agreement like franchises.

All that stuff you mentioned? Never happened in my city. Cable and Telco access boxes are in front yards all over town. As for "screaming up a storm" if I'm not served, well, I have a lot of choice in the matter, don't I? The availability of high-speed internet services has been one of my primary questions both times I've moved. The onus is on me to see that it's available. When a landowner cannot sell/lease to me when high speed isn't available, then they can go back to the provider and lobby them for it.

Point being, one must create demand for a service before a company will provide it. Government should not require availability of a service where demand doesn't exist. It drives up prices and presents barriers to newcomers in the market.
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Wiki Wiki
Laughter is the closest distance between two people. --Victor Borge
"Our politicians help the terrorists every time they use fear as a campaign tactic." -- Bruce Schneier

batageek
Slave To The Duopoly
Premium
join:2003-01-25

Re: Eliminating local franchises eliminates local pol graft

I guess as far as this is infrastructure, I'd disagree.

It's good that you look into the broadband choices, but most don't and assume (i know what "assume" means...lol) it's there.

The pols are responsible for looking out for all of their voters, so they'd be kind of dumb not to require universal coverage. the "you're good enough but you're not" aspect will never sit well with the taxpayers.

Besides, the existing cable companies are already held to these requirements and built out under the same. Why would it be good to not hold the bells to the same standards?

It's not like they're startups, with no capital or equipment. In at&t's case, they're not even bringing fiber to the home, just to dslams so their rollout costs are tons less than verizon.

Consumers want broadband everywhere while the cable and telcos posture about wanting a level playing field. make it level. treat them all the same.

yock
TFTC
Premium
join:2000-11-21
Fairfield, OH

Re: Eliminating local franchises eliminates local pol graft

I guess we'll have to disagree about that then. I firmly oppose any notion that government's responsibility is to protect me from my own ignorance.

batageek
Slave To The Duopoly
Premium
join:2003-01-25

Re: Eliminating local franchises eliminates local pol graft

i'd argue their job is not to protect you from your own ignorance, but to provide what is generally considered vital infrastructure. i'd guess most cities would think that advanced telecommunications deployment is vital to their future.

same as electric, gas, and water services.

karlmarx

join:2006-09-18
Nashua, NH
·Fairpoint Communic..


1 edit
"Paying off a lot less pols(only national ones then) should result in a faster rollout and lower costs due to less graft and payoffs."

Faster Rollout? Lower Cost? Umm, the reason they want to get rid of local franchise agreements is so they can cherry pick the area's they want to serve, not faster rollouts. The reason they don't like the local community to have a say is because then they can't constantly RAISE prices. The local community should have EVERY RIGHT to control what goes into their town. If the cable providers have to provide local access channels, then so do the telcos. There no free lunch for a megacorp at the local level, and that, of course, pisses off the right wing whackos.
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UncleDirtNap

join:2006-08-26
Pittsburgh, PA
·Verizon FIOS

Local Franchise = Mob

The local franchising scheme is one of the most openly conducted government shakedown schemes ever conceived. In places like Pittsburgh PA the local Democrat political machine has been able to block Verizon from deploying any of their fiber service, a newly constructed facility sits empty as the city proper is being ringed with these services... City politicians are so utterly beholden to Comcast that left to them there will NEVER be competition in their region.
RayW
Premium
join:2001-09-01
Layton, UT
clubs:
·XMission

Re: Local Franchise = Mob

said by UncleDirtNap See Profile :

City politicians are so utterly beholden to Comcast that left to them there will NEVER be competition in their region.
If that is true, why do you not vote them out? That happened in a city here, the mayor was a rubber stamp for the builders, so they elected a new mayor (a non-politician even, one of my co-workers).
--
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itguy05

join:2005-06-17
Camp Hill, PA

???

Do you want to pay:
Satellite co: $49.99
Cable co: $50.00
Bell: $49.98

for your TV? In the end the prices are roughly the same, as FiOS TV people are learning with the first rate hike.

Blame the channel owners - they are the ones responsible for most of your TV bill.
SD6

join:2005-03-26

mistake

This news article says that Verizon said that franchise negotiations have not slowed down their efforts to offer FiosTV. That is wrong.

Verizon said local franchising "is not holding us back" and that national franchising isn't a "necessity".

lkjsdgoih

@optonline.net

local municipal negotiations are good but...

in my opinion, reasonably sized towns should be able to negotiate with the telcos. small towns shouldnt be able to because they are usually the greedy ones. im talking about the small towns that have a large percentage of revenue comming from parking/speeding tickets because they often give out a lot of unreasonably priced traffic tickets. large towns are usually fair but its the small ones that have the god complex lol

dslextreme
Premium,VIP
join:2001-02-23
Canoga Park, CA

Ridiculous

Cable VS DSL is a "competition"
Cable VS Dish is a bad "Cozy Duoploy"

The FCC is not incompetent. They are crooked.

hayabusa3303
Over 200 mph
Premium
join:2005-06-29
clubs:

FCC

Why shouldnt they.. They can get more TAX out of your pocket every month. TAX here TAX there more goes in there pockets.
tmc8080

join:2004-04-24
Floral Park, NY

How much is too much?

Aside from a few muni-channels and some broadcast equipment, space rental & associated revenue sharing X-percent per customer... what can a franchise hope to accomplish?

Telcos are wise to the greedy franchises systems of the past, and they may have gotten away with such things with cable companies in the past, but telcos are no pushover.
GhostDoggy

join:2005-05-11
Duluth, GA

Craft for Telco's only. Everyone need not attempt.

The telco-loving/bedding FCC will most certainly craft policy to forward the ILEC effort in deploying video to the masses. Unfortunately, any mom and pop on the Internet could technically deploy IP-based video, but I am most certain the FCC will inhibit that effort to protect their bed-partners.

Hopefully, more municipal and BPL endeavors will provide the hole in the ground and wood for a coffin for the telcos. Not saddling up to the cable and satellite industry as they are all evil.
Forums » FCC Loves Their TelcoTV


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