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HomeMy WebLinkAbout3.7 Regulate Cable Television 0 (DE50 r9V CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 22, 1983 SUBJECT Written Communication from City of Livermore dated July 29 , 1983 - Re : S. 66 Cable Television EXHIBITS ATTACHED Letter; Resolution; Proposed Bill RECOMMENDATION Adopt Resolution FINANCIAL STATEMENT: Undetermined DESCRIPTION The City has received a request from the City of Livermore to adopt a resolution opposing S .66 which was recently passed by the U. S . Senate and is presently being considered by the U. S . House of Representatives . S . 66 would restrict the City' s ability to effectively regulate cable television in the City. It is Staff ' s recommendation that the City Council adopt a similar resolution which Staff has prepared and is attached. COPIES TO: ITEM NO. J. 7 ADMINISTRATION BUILDING ' 1052 South Livermore Avenue - Livermore, CA 94550 (415)449-4000 July 29 , 1983 � 1 Mr. Richard Ambrose City Manager City of Dublin P. O. Box 2340 Dublin, CA 94568 Dear Rich: Attached is a copy of the City of Livermore Resolution opposing Federal cable television legislation which restricts traditional responsibilities of local government in this area. As you may know, the Senate recently passed S. 66 , which would seriously erode our ability to have any input on the way cable television is transmitted throughout our community. This legislation is now pending in the House of Representatives. The Tri-Valley Cable Television Advisory Committee is urging that all the cities oppose this legislation as- written. I hope that you will pass this on to your Council and ask that they adopt i a similar resolution. If they do adopt a resolution, a copy should be forwarded on to Congressman Pete Stark, Representatives Jim Bates, William Dannemeyer, Carlos Moorhead , and Henry Waxman, along with a letter indicating the impact that this legislation would have on your community. Sincer y, 174% LEE HORNER City Manager OMMOM Attachment LH/cm A i I RECEIVED y AUG - ! 1993 CITY OF (:1..'3U:fl r 1 • r 3 , I _ frt �A : fi CONGRESSIONAL RECORD-SENATE S 8325 _ vantage with other providers of telecommu- leases, rents, or is otherwise authorized to - nications services;and use the facilities of a cable system for the "(4) eliminate government regulation in provision of basic service or cable service, order to prevent the imposition of an unnec- and such term shall include a cable system essary economic burden on cable systems in operator to the extent that such operator, their provision of service to the public. or person or persons under common owner- "DErrxrroAS ship or control with such operator, is en- "Sec. 603. for purposes of this title, the gaged in the provision of such service; (11) 'closed transmission medium' or term— 'closed transmission media' means media e 'basic service' means the lowest cost having the capacity to transmit electromag- tier,other than tier offered at a discounts netic signals over a common transmission ed fee,of service which is available to sub path such as coaxial cable, optical fiber. scribers for a fee and which includes the wire, waveguide, or other such signal con- provision of retransmission of local broad' doctor or device: cast signals,Public,educational,and govern ••(12) 'franchise' means a permit. license, mental programing and any other Program ordinance, resolution, right-of-way, con- ing service as offered by a cable operator as tract, certificate, agreement, or similar au- thorization and issued by a franchising authori- ehise agreement as part of basic service, ty which authorizes the provision of basic which is distributed by coaxial cable or any service,cable service.or telecommunications other dosed transmission medium; service by a cable operator; "(2) 'basic telephone service' means two ,•(13) 'franchising authority' means any way voice grade public that is State,political subdivision,or agency there- - subjoat to the public and that would be of, or any other governmental entity era- So subject to regulation by the Commission or powered to grant a franchise; So the bill (S. 66), as amended, was any State if offered by a common carrier "(14) 'grade B contour' means the field passed as follows: subject,in whole or in part,to title II of this strength of a television broadcast station 5.66 computed [n accordance with regulations Be it enacted by the Senate and House of "(3) 'broadband telecommunications' Promulgated by the Commission; Representatives of the United States of means any receipt or of elec- ,•(1m'information'by the moans knowledge or in- America in Congress assembled, That (a) tromagnetic signals, including basic service. "(15) n f represented means any wled e or In- this Act may be cited as the "Cable Tele- cable service, and telecommunications serv- tel signals,pictures,ny form or other communications Act of 1983". ice, over coaxial cable or any other closed (b) The Communications Act of 1934 is transmission medium: symbols; "(16) 'law' includes any regulation rule, amended by inserting immediately after °(4) 'broadcasting'means teleoommunica- order, standard, policy, requirement, prose, title V the following new title: tions by radio intended to be received by the oxide,or restriction: "I IZZE VI—CABLE public, directly or by the intermediary of •re,or person' means an individual. part- "(5) 'cable relay stations;channel' or 'channel' means nership. association, joint stock company, "rINDINCS that portion of the electromagnetic frequen- trust,corporation or any governmental au- - "Sec. 601. The Congress hereby finds cy spectrum used in a cable system for the tbority: that— propagation of an electromagnetic signal; '"(18) 'telecommunications' means the "(1) cable systems are engaged in inter- °(6)'cable operator'or'cable system oper- transmission of information by electromag- state commerce through the origination. ator' means any person or persons, or an netic means,with or without benefit of any transmission. distribution, and dissemina- agent or employee thereof, that provides dosed transmission medium, including all tion of broadband telecommunications serv- basic service, cable service, or telecommunr- instrumentalities, facilities. apparatus, and ices: cations service over a cable system, or that services (including the collection, storage, "(2) the provision of broadband telecom- directly or indirectly owns a significant in- forwarding.switching. and delivery of such rr.unications is of concern to governmental terest in any cable system,or that otherwise information)essential to such transmission; entities; controls or is responsible for, through any "(19) 'telecommunications service' means "(3) a uniform national policy for broad- arrangement, the management and oper- the offering of telecommunications facili- band telecommunications can serve to elimi- ation of such a cable system: ties, or of telecommunications but such nate and prevent conflicting and counter- "(7)'cable service'means the provision by terms shall not include basic service or cable productive regulations in order to allow un- a channel programer of one-way programing service;and hampered growth and development of cable on a per channel, per program, or other "(20) 'United States' means the several as a competitive medium which will be re- basis which is distributed by coaxial cable or States and territories,the District of Colum- sponsive to and serve the needs and inter- any other closed transmission medium, but � the possessions of the United ests of the public: such term shall not include basic service: "(4)competition is a more efficient regula- ••(8) 'cable subscriber' means any person "STATEMENT or AVSrioRrTY th..; ;,vernment of the provision of di- who receives or transmits electromagnetic -•S�,609'The provisions of this title shall verse telecommunications services and as signals distributed over a cable systems apply as follows: competition continues to develop,the dereg- ••(9)'cable system'means a facility or corn- "(1) The Commission shall have jurisdic- shoul- of telaco nriuni atiOfls services bination of facilities under the ownership or tion and exercise authority with respect to should occur,and control of any person or persons,which con- broadband telecommunications in accord- "(5) recognizing the long standing tradi- slat of a primary control center used to re ante with the provisions of this title and Lion of the Congress of promoting universal ceive and retransmit,or to originate broad- other applicable provisions of law. telephone service at reasonable rates, and band telecommunications service over one ••(2) Nothing in this title shall be con- or recognizing the rapid technological changes or more coaxial tables, or other closed strued as prohibiting any State or political of the types and delivery of services offered transmission media, from the primary con- subdivision or agency thereof, or franchis- by the telecommunications industry.it is in trot center to a point of reception at the ins authority,from awarding,in accordance the public interest to ensure that all provid- premises of a cable subscriber, but such with the provisions of this title,one or more era of telecommunication services share in term does not include:(A)a facility or con- cable franchises within its jurisdiction. the obligation of providing universal service. birtation of facilities that serves only to re- ..(3)(A) Except to the extent provided in 'puRr'OSES transmit the television signals of television paragraph (B), no cable system shall pro- "Ssc. 602. The purposes of this title are broadcast stations;(B)a facility or combine- vide basic service or cable service without a to— tion of facilities that serves only subscribers cable franchise in compliance with this title. "(1)establish a national policy concerning in one or more multiple unit dwellings .(B)The provision of paragraph (A)shall broadband telecommunications and to en- under common ownership, control,or man not be applicable In the case of any cable courage a competitive environment for the agement;or(C)a common carrier subject to pe i system stem n oration on April 21,1983. growth and development of broadband tele- the provisions of title II of this Act when- . pe OR CONTROL Or CABLE SYSTEMS communications; ever such carrier transmits broadband tele- "(2) establish guidelines for the exercise communications services other than basic "Sec.605.(a)No State or political subdivi- of Federal, State, and local regulatory au- service or cable service: sion or agency thereof, or franchising au- thority; "(10) 'channel programer' or 'programer' thority,shall have the authority to prohib- "(3) allow cable systems to be responsive means any person having an agreement to it, directly or indirectly, the ownership of to the needs and interests of the public on provide basic service or cable service to a cable systems by any person by reason of an equal basis without a competitive disad- cable system operator, or any person who that person's ownership of any other media . _ s. I S 8326 CONGRESSIONAL RECORD—SENATE June 14, 1983 or other interests. including broadcast. graming on such cable system. except for case of any franchise in existence prior to cable, newspaper, programing service, or programing on government access channels. the date of the enactment of the Cable other printed or electronic information serv- unless such State or political subdivision or Telecommunications Act of- 1983, if the ice. agency thereof,or franchising authority.es- rates charged to subscribers for the provi- "(b)(1) Notwithstanding the provisions of tablishes an independent board or a sepa- sion of basic services are subject to regula- subsection (a) of this section, for the pur- rate management company. Such board or tion or are restricted by any State or politi- pose of ensuring fair and equitable treat- company shall not include any State or local cal subdivision or agency thereof. or any ment of United States cable enterprises office holder. franchising authority. The provisions of seeking access to markets in a foreign coon-. this paragraph relating to existing rate reg- "ACCESS CHANNELS try.the Commission shall have authority to ulation of basic service shall be applicable conduct inquiries applicable to foreign per- ,.Sec.606.(a)A cable system operator may for a period of 5 years following the date of be required.as part of the franchise request sons from that country seeking access to do- the enactment of such Act, or for a period for proposals, to dedicate or set aside chan- mestic markets in the United States in con- nets for publiducational or governmental equal to one-half of the period of the re- c,e nection with the construction, ownership maining term of such franchise. as of the users, and the cable system operator may and operation of cable enterprises as to offer in a franchise to dedicate or set aside date of the enactment of such Act, which- whether such United States cable enter- ever ever is greater.The provisions of paragraph prises are permitted channels for other channel users.ted fair and equitable "(b) The franchising authority and the (1) shall be applicable to any renewal or access to such foreign markets. other extension of any such franchise. "(2)The Commission shall submit any in- cable operator may establish rules and pro- (3) The provisions of paragraph (1) of formation obtained through such inquiries cedures for the use of the channels set aside this subsection shall not be applicable to the United States Trade Representative or dedicated pursuant to this section. where the cable system is subscribed to le to assist the Trade Representative in his (c) Until such time as there is demand identification and analysis of acts, policies for each channel full time for its designated at least 80 percent of the residences to or practices which constitute significant use, public, educational, governmental, or which cable service is available, unless the barriers to, or distortions of, United States other channel programing may be combined cable operator demonstrates that 90 percent, exports of services. by the cable system operator on one or more of the time„adequate on-site reception of "(3) For purposes of this subsection, the channels,and to the extent time is available the four television signals is available to term'foreign persons'.includes any individu- on such channels, they may be used by the more than 50 percent of the households to al who is not a citizen of the United States, cable system operator for the provision of which cable service is available. Such a de- any subsidiary (although established under other services. termination shall be made by the Commis-a the laws of the United States or any State REGULATION 07 RATES AND SERVICES sion. Failure by the Commission to make e thereof) of a corporation or other business "Sec.607.(a)Nothing in this title shall be determination within 180 days after the entity which was established under the laws construed as prhibiting any State or politi- filing of an application by e the cable opera- of a foreign country, any corporation or tor shall be deemed to be a determination cal subdivision or agency thereof, or Iran- that such satisfactory reception is available. other business entity established under the chising authority, from establishing, fixing, "(e) No executive agency of the United laws of a foreign country, or any corpora- or otherwise restricting the rates charged States, including the Commission, and no tion or other business entity established by cable operators— State or political subdivision or• agency under the laws of the United States or any "(1)to subscribers for the receipt of basic thereof,or franchising authority,shall have State thereof, if 25 percent or more of the service, capital stock or equivalent ownership is "(2) to subscribers for equipment neces- authority to regulate or restrict the rates owned or controlled by an individual who is sary for the receipt of basic service,and for reconnection,additional sets to the same .scriber,or sales of equipment. scrnut. suo iw a citizen of the United States or by a "(3) to subscribers for equipment which °(f) No executive agency of the United corporation or other business entity estab- facilitates the reception of basic service by States, including the Commission, and no fished under the laws of a foreign country, hearing impaired Individuals. State or political subdivision or agency - or any subsidiary of a corporation or other "(b)(1) Any rate regulated pursuant to thereof,or franchising authority.shall have business entity established under the laws this section may be increased annually at authority to regulate or restrict the grave of a foreign country. the discretion of the cable operator by an '•(c)(1) Notwithstanding the provisions of amount not to exceed the regional consum- sion of or nature of cable services offered subsection(a)of this section, a State or Po- er price index for the preceeding 12 months, over a cable system except as provided in litica:s•:bdivisian or agency thereof,or fran- upon 30 days prior notice. The ability to section 613 of this Act. chising authority, may not acquire an own- affect such increases shall be cumulative for "(g)(1)No executive agency of the United ership interest in any cable system pursuant not more than 3 successive years. States, including the Commission, and no to a buy-back provisions of a franchise or re- "(2) Nothwithstanding the provisions of State or political subdivision or agency quire a sale of a cable system to any other paragraph(1)of this subsection,nothing in thereof,or franchising authority,shall have person pursuant to a franchise,upon the ex- this title shall be construed as prohibiting authority to regulate or restrict the provi- piration of the franchise,unless such State, any State or political subdivision or agency sion of or nature of telecommunications subdivision,agency,authority,or person ac- thereof,or franchising authority, from pro- services offered over a cable system, except quires such ownership or interest at not less viding that such automatic increases shall with respect to the provision of basic tele- thon fair market value based upon the on- not apply to a franchise which is in exists phone service, intrastate telecommunica• `-••-' of the system. In the ence on the date of the enactment of the tions services,and except as provided in sec- event that the cable operator and a State or Cable Telecommunications Act of 1983 and tion 613 of this Act. political subdivision or agency thereof, or which provides for a fixed rate for basic "(2)(A) Subject to the provisions of sub- ne,•:si at_hc. :ty, are unable to agree service over a specified period, paragraph(B),a State may require only the upon any such fair market value, then the "(c) Notwithstanding the provisions of filing of informational tariffs for intrastate matter of determining fair market value subsections (a) and (b) of this section. a telecommunications services that would be shall be submitted to binding arbitration. cable system operator may automatically in- subject to regulation by the Commission or For purposes of arbitration, each of the af- crease basic service rates which exceed the any State if offered by a common carrier fected parties shall select one arbitrator and basic rates allowed pursuant to subsection subject,in whole or in part,to title II of this the two arbitrators so selected shall choose (a)or(b)of this section if— Act, which are offered over a cable system. a third arbitrator. "(1) such operator has requested the in- Such informational tariffs shall specify only "(2) Notwithstanding the provisions of crease in rates;and the rates,terms.and conditions for the pro- paragraph (1) of this subsection, in the "(2)the request is not acted on within 90 vision of service and shall take effect on the event of termination for cause of a fran- days following the date of its receipt. date specified therein. anise due to a material breach, a State or "(d)(1) Notwithstanding the provisions of "(B)Subparagraph (A)shall not apply to political subdivision or agency thereof, or subsection (a)of this section, the authority any private telecommunications service franchising authority. may acquire an own- to establish, fix, or otherwise restrict the which is a discrete service dedicated to a • ership interest in such cable system but rates charged to subscribers for the provi- single customer and operated by such cus- only upon written notice of the breach.rea- sion of basic services set forth in subsection tomer. sonable opportunity to remedy the breach, (a)of this section,except to the extent oth- "(3)A State shall deregulate the provision and other due process. Any such termina- erwise provided in paragraph(2)of this sub- of intrastate telecommunications services if tion shall be subject to de novo review by a section, shall not be applicable in any case it finds that such services are subject to ef- court of competent jurisdiction. where the cable system Is located within the festive competition. "(d)In any case in which any such State, grade B contour of not less than four televi- "(4)For purposes of this subsection,an in- subdivision, agency, or authority has or ac- sion signals of which there shall be one af- trastate telecommunications service shall be quires any such ownership or interest,such fillate of each of the three major television considered to be subject to effective compe- .State, subdivision, agency, or authority networks. tition in a particular geographic area or shall. in no case, own or gontrol, directly or "(2) The provisions of paragraph (1) of market if there are reasonably available al- indirectly, the content of any of the pro- this subsection shall not be applicable in the ternatives. In determining whether there r June 14, 1.983 CONGRESSIONAL RECORD—SENATE S 8327 are reasonably available alternatives, the terms of such franchise and with applicable otherwise be specifically authorized by Fed- State shall consider— law.or has been convicted of a felony; eral law. "(A) the number and size of providers of "(2) there has been a material change in ••(b)in order to safeguard the right to pri- ser•ices: the legal, technical, or financial qualifica- vacy and security of broadband telecommu- "(B) the extent to which services are tions of the cable system operator that nications, such broadband telecommunica- available from providers in the relevant geo- would substantially impair the continued tions shall be deemed to be a'wire commu- graphic area or market; provision of service by such operator. nication' within the meaning of section "(C)the ability of such providers to make "(3) the facilities to be provided by such 2510(1)of title 18 of the United States Code. services readily available at comparable operator,including facilities for governmen- •'(c) In the event that there may be any rates,terms.and conditions;and tai access, are unreasonable in light of the difference between the provisions of this "(D) other indicators of the extent of community need for and cost of such facili- section and chapter 119 of title 18 of the competition, including affiliation of provid- ties: United States Code,or any regulations pro- ers of services. "(4) the signal delivered by the cable pro- "(5) Nothing in paragraphs (2), (3), and system within the control of the cable mulated thereunder, it is the intent of the (4) of-this subsection shall be construed as system operator, has not generally met Congress that such chapter 119 shall be being applicable to basic telephone service. technical standards as established by the controlling. "(h) Nothing in this Act shall be con- Commission;or PROTECTION OF SUBSCRIBER PRIVACY strued as prohibiting a franchising authori- ••(5)the proposals contained in the renew- ty and a cable operator from specifying,in a application are otherwise unreasonable. "Sac. 611. (a)(1) Except as provided in franchise agreement or renewal thereof. (b)A cable system operator must file for paragraph (2) of this subsection, no cable that certain cable services shall not be pro- renewal at least 24 months, but not more operator. channel programer. or originator aided or shall be provided subject to condi- than 36 months, before expiration of the of broadband telecommunications may use tions, if such cable services are obscene or franchise. The franchising authority must the cable system to collect personally identi- _ are otherwise unprotected by the United consider the renewal within 120 days of sub fiable information with respect to a cable-- States Constitution. mission of the application and conduct any subscriber,except upon the prior written.or "(i) The provisions of subsections (b), (c), electronic Consent of that subscriber. and(d)shall not apply to a franchise agree- proceedings necessary to adequately consid- "(2) The provisions of paragraph (1) of ment in existence on the date of enactment er the application. (c) A cable system operator with a fran- this subsection shall not apply to the colter- of this Act for a period of 5 years following chise which shall expire within 24 months tion of information solely for billing pur- the date of enactment of this Act,or for the after the date of enactment of the Cable poses or to monitor whether there is unau- remaining term of such franchise agree- Telecommunications Act of 1983,shall be in thorized reception of cable telecommunica- meat, whichever is greater, in any State compliance with subsection(b)if he files an Lions. which has in effect, an4 has had in effect application for renewal within 60 days after "(3)A cable operator,channel programer. since January 1. 1983, a statutory scheme such date of enactment. or originator of broadband telecommunica- deregulating rates which contains a capacity.require- "(d)The franchising authority shall— tions shall ensure that any such informa- meat regarding minimal channel capacity. "(1)negotiate in good faith with any cable tion is destroyed when the information is no FRANCHISE FEES system operator regarding franchise renew- longer used or to be used for'the purposes "Sac. 608. (a) Cable operators may be re- al within 30 days after the completion of for which it was collected. quired in a franchise to pay to a State or go- proceedings pursuant to subsection(b); and "(b) No cable operator, channel pro- litical subdivision or agency thereof,or Iran- "(2) make a final decision on granting or gramer,or originator of broadband telecom- chis:r,s authority,a franchise Ice. denying renewal within 12 months after re- pramer.ions shall disclose personally lecom- - "(b)(1) No franchise fee paid by a cable ceipt of an application; fiable Information obtained pursuant to system operator for the privilege of holding "(3) in the case of denial of an applies- subsection(a)of this section with respect to a franchise. shall exceed an annual aggre- tion— a cable subscriber,or personally identifiable gate of 5 percent of such cable operator's "(A) not make the final decision for at a cable subs with subscriber,or pet to the services pro- of revenues derived from the operation least 7 months from the date of receipt of information a to or with respect a the servic cable of the cable system which is the subject of the application;and subscriber r way received of a by particular exaele the franchise: "(B)notify the applicant by written state- "(2) Nothing in this section shall be con- went,within 7 days after the final decision, upon the prior written or electronic consent strued as limiting fees required by a fran- of the reasons for the denial. of the subscriber, or pursuant to a lawful chise in effect on the date of enactment of "(e) Any renewal applicant adversely af- court order authorizing such disclosure. the Cable Telecommunications Act of 1983 fected or aggrieved by a final decision of a "(c)If a court shall authorize or order dis- to be paid directly or indirectly to entities franchising authority made pursuant to sub closure, the cable subscriber shall be noti- established for the purpose of facilitating section(d),or by a failure of the franchising fled of such order by the person to whom the use of channels set aside for public,edu- authority to act in accordance with subset- such order may be directed,within a reason- cational,or governmental use. Lion(d),may obtain judicial review of such able period of time before the disclosure Is "(c) Any cable system operator may pass final decision in any court of competent ju- made,but in no event less than 14 calendar the cost of any increase in a franchise fee risdiction. The existing franchise shall days. through to subscribers, and may designate remain in effect pending the completion of "(d)Each cable operator s'--' I- *}• ' t:Le total usnenise fee as a separate item on such judicial review. Such judicial review of entering'Into an agreement to provide the subscribers'bills. shall be de novo, unless the renewal appli- cable telecommunications, and regularly "(d)For the purpose of this section— cant has been afforded a hearing on record thereafter, inform every subserihe- n' 'tie 'a ii assessment Lee shall include Ime ally tax, before an independent hearing examiner or rights of the subscriber under this section. fee c assessment ri any kind governmental by au- administrative law judge consistent with Such information shall include a description franchising authority system opera or oral ble State law that requires— of the nature of the information to be main- subrity en b cable of th operator as cable "(1)adequate notice; tamed by the cable operator, channel pro- and because of their status as such: -(2) fair opportunity for participation by gramer,or originator of broadband telecom- and the renewal applicant,which includes— munications.and the location and availabil- security yfunds, le' shall not credit. ins rance. "(A)discovery; ity of such information. indemnification,fundo, letters peof nalties,credit, inedraam- "(B) the filing of pleadings, motions, or indemnification, penalties, liquidated dam- "(e)A cable subscriber shall have access to ages or similar requirements which are inci- objections; - all personally identifiable information re- dental to the enforcement of the franchis- "(C) the introduction of written or oral garding that subscriber which is collected ing agreement. testimony;and and maintained by a cable operator,channel "(e) Nothing in this section shall be "(D) cross-examination of opposing par- programer,or originator of broadband tele- deemed to require a cable operator to re- ties;and communications. Such information shall be negotiate the provisions of an existing fran- "(3)a written decision by the examiner or available to the subscriber at reasonable chise. judge based exclusively on the full record of times and at a place designated by the cable "RENEWALS AND EXTENSIONS the hearings and stating the specific find- operator, channel programer, or originator "SEC.609. (a)In any case in which a cable ings of fact and conclusions of law on which of broadband telecommunications. the decision is based. "(f)Any cable subscriber whose prica.ry is their operator submits for application or ,.AUTHORIZED INTERCEPTION OR RECEPTION the franchising authority for the renewal or violated in contravention of this section, other extension of such operator's franchise "Sac. 610. (a) No person or government shall be entitled to recover civil damages as authorization, the franchising authority authority shall intercept or receive broad- authorized and in the manner set forth in shall grant such renewal or other extension band telecommunications unless specifically section 2520 of title 18 of the United ¶"ates unless it finds that— authorized to do so by a cable system opera- Code. This remedy shall be in adc''t'r, in "(1) the cable system operator has not tor, channel programer, or originator of any other remedy available to such sub- substantially complied with the material broadband telecommunications or as may scriber. w.r►aliallIMM 0 0 ' , S 8328 CONGRESSIONAL RECORD—SENATE June 14. 1983 - "CRIMINAL AND CIVIL LIABILITY franchise and in accordance with the provi- "DECLARATION "SEC. 612. Nothing in this title shall be sions thereof. For purposes of this subset- -SEC. 8. The Congress declares that corn- deemed to affect the criminal or civil Habib- tion,a franchise agreement containing such petition is a more efficient regulator than ty of channel programers or cable operators requirements shall be considered to have government of the provision of diverse com- pursuant to the law of libel.slander,obscen- been In effect on such date of enactment if munications services and as competition ity,incitement,invasions of privacy,false or such agreement was the result of a fran- continues to develop, the deregulation of misleading advertising, or other similar chise proceeding for which a request for communications services should occur.". laws, except that cable operators shall not proposals was originally issued, however EFFECTIVE DATE incur such liability for any program carried subsequently modified or replaced, on or SEC. 4. The provisions of this Act and the on any public,educational,governmental,or Prior to September 30,1982 amendments made thereby shall take effect other channel referred to in subsection (a) •NO REGULATION AS COMMON CARRIER upon the date of enactment of this Act. of section 606, or for any program required •'SEC. 614. No executive agency of the by law to be carried on any other channel. REDESIGNATION United States, including the Commission, SEC 5. The existing title VI of the Corn- "Sec. SERVICES,AND FACILITIES and no State or political subdivision or "SEc.613.(a)No State or political subdivi- agency thereof, or franchising authority. munications Act of 1934 is redesignated as sion or agency thereof, or franchising au- shall have authority to impose on a cable title VII, and sections 601 through 609 are thority.may require the provision of partic- system regulation as a common carrier or a redesignated as sections 701 through 709. ular programing or other broadband serv- utility to the extent that such cable system ,respectively. ices, or facilities, equipment, services. or provides broadband telecommunications other items of value which are not related service other than basic telephone service.". . to the provision of broadband'telecommuni- EXCLUSIVE JURISDICTION cations service. . "(b) A franchising authority may require, SEC. 2. (a)Except to the extent otherwise as part of the franchise request for propos- specifically provided in title VI of the Com- als— munications Act of 1934, as added by the "(1) channel capacity for public, educa- first section of this Act and as provided in tional or governmental access purposes:and section 607 of such title, the Federal Gov- "(2)the construction of cable system facil- eminent shall have exclusive Jurisdiction 'tics or provision of other cable-related over broadband telecommunications regard- equipment. ing matters covered by such title. "(c) A cable operator may offer, but may (b)Any law of any State or political subdi- • not be required to provide, as part of basic vision or agency thereof, or franchising au- seri.ice or any other tier of service— thority, in effect on the effective date of "(1) channel capacity for other access title VI of the Communications Act of 1934. uses:and as added by the first section,of this Act, "(2)particular services. which is in conflict with the provision of "(d) The cable operator may replace or subsection(a)of this section relating to the remove a particular service specified in the exclusive jurisdiction of the Federal Gov- cable franchise as part of the basic service ernment, shall be deemed superseded, as of or any other tier of cable service or telecom- the expiration of the 6-month period follow- mnnications servi"e in nny case in which ing the date of the enactment of this Act, there has been a significant change in cir- and shall thereafter be null and void and of cumstances since the cable operator's offer no effect. to provide such service. The cable operator (c) Except to the extent otherwise pro- may not be required to retain a specified vided by this Act and the amendments made service in any particular category of service thereby,any State or political subdivision or other than basic service. agency thereof, or franchising authority. "(2)In any case in which a cable operator may exercise jurisdiction over matters submits a showing that,as a result of a sig- which are of strictly local concern and nificant change in circumstances,particular which are necessary for reasons of public facilities and equipment required by the health, safety, and welfare. including the franchise are economically, technically, or terms and conditions for the granting of a otherwise impracticable,the franchising au- franchise,the construction and operation of thority shall enter into negotiations with a cable system,and the enforcement and ad- the cable operator for the termination, ministration of a franchise. modification, or deferral of such require NEW AND ADDITIONAL SERVICES ment. If such terms and conditions cannot be agreed upon within 45 days, the matter SEC.3.Title I of the Communications Act shs') b^ submitted to binding arbitration, of 1934 is amended by inserting after section For per;posses of arbitration, each of the af- 6 the following new sections: feeted parties shall select 1 arbitrator and NEW AND ADDITIONAL SERVICES the 2 arbitrators so selected shall choose a ..SEC. 7. (a) Consistent with sound spec- visions..arbitrator.The o e which franchise pro- trum management,the Commission shall,to jectof. except for those wot b are the sub- the maximum feasible extent, encourage the of arbitration shall not be affected by the Introduction of new and additional serv- the arbitrators'final decision.(e) Except as provided in subsection (c) ices by new applicants,existing licensees,or of this section,a franchising authority may, other persons. In any proceeding in which in accordance with the provisions of this new or additional services are proposed, section. enforce any offer to provide partic- such services shall be presumed to be in the ular basic service set forth in subsection (c) public interest whenever the Commission or particular cable services or telecommuni- finds that such services are techically feasi- cations services or cable system facilities or ble without causing significant technical cable-related equipment offered by a cable degradation to or interference with radio operator provided that the provision of such transmissions by other licensees. services, facilities, or equipment is specifi- "(b) Any person may file with the Coni- cally required by the franchise agreement. mission a petition to establish or an applica- "(f)Notwithstanding the preceding provi- tion to offer a new or additional services. sions of this section. in any case in which a "(c) The Commission must determine, franchise agreement in effect on the date of whether the new or additional service pro- the enactment of the Cable Telecommunica- posed in a petition or application is in the tions Act of 1983 requires the cable operator public interest within 1 year after such peti- to provide particular programing. services. tion or application is filed. If the Commis- facilities, cable related equipment, or than- sion initiates its own proceeding for a new rel capability for access uses, such require- or additional service, such proceeding must ments. subject to subsections (d) and (e), be completed within 12 months after it is shall remain in effect for the term of the initiated. r RESOLUTION NO. - 83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN STATE OF CALIFORNIA CONCERNING FEDERAL CABLE TELEVISION LEGISLATURE WHEREAS , cable television is an important communication and information technology for the Nation' s cities and citizens , and it will likely enjoy exclusivity within a community and will be the only telecommunication medium with a direct link to the homes of citizens with its facilities traversing the public ' s property; and WHEREAS , local governments have had the responsibility for franchising cable television systems in their cities and for effectively overseeing the implementation of those franchises once awarded, and have demonstrated the effectiveness of local control over local concerns ; and WHEREAS, major Federal cable television legislation has passed the United States Senate and is pending House of Representatives approval . BE IT THEREFORE RESOLVED by the City Council of the City of Dublin that it is opposed to legislation which restricts the traditional responsibilities which have been exercised by local government in this area. BE IT FURTHER RESOLVED, that our City urges members of the House of Representatives to ensure that if Federal cable television legislation continues as a possibility that the legislation provide for the following : • That Federal cable legislation not limit the option of local governments to regulate the rates charged by cable television companies for basic service ; • That Federal cable legislation not limit the option of local governments to define by negotiation with cable television companies the definition of basic service ; to That Federal cable legislation provide maximum competition in the renewal process with no presumption or expectancy of renewal on the part of the cable company holding the franchise ; • That Federal cable legislation "grandfather" all existing franchises , and their terms and conditions and all franchise processes in which a Request for Proposal has been issued; and that Federal legislation not apply to renegotiated franchise agreements , signed within six months of enactment ; • That Federal cable legislation not provide cable companies with the power to abrogate contractural obligations based on a unilateral assertion of a significant change in circumstances . RESOLUTION CONCERNING FEDERAL CABLE TELEVISION LEGISLATION Page 2 • That Federal cable legislation not limit the ability of local governments to mandate public , educational , governmental , and leased access to cable television; • That Federal cable. legislation not limit the ability of local governments to negotiate the purchase price of a cable system if there is a material breach in the franchise agreement ; • That Federal cable legislation not define franchise fees to include taxes , fees , or other assessments , imposed by the franchising authority or other governmental authorities on cable system operators or cable subscribers . PASSED APPROVED AND ADOPTED this 22nd day of August , 1983 AYES : NOES : ABSENT: Mayor ATTEST: City Clerk