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Legislative Correspondence City Manager's Office City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4110 office (563) 589-4149 fax (563) 690-6678 TDD ctymgr@cityofdubuque.org 5IuOs'tJ6bb: ~YN-~ May 25, 2006 Congressman Jim Nussle 303 Cannon House Office Building Washington, DC 20515-1502 Dear Congressman Nussle, In the coming days, the House of Representatives will consider Chairman Barton's Communications Opportunity, Promotion, and Enhancement Act (COPE) of 2006. I respectfully request that you oppose the COPE Act in its current form. It is a detriment to communities like Dubuque in a number of areas: . The legislation abolishes local authority to establish and enforce consumer protection and customer service requirements. Instead, the resolution of potentially tens of thousands of consumer complaints concerning billing disputes, loss of service or service quality, and changes in channel lineups will rest with the FCC, an agency without the necessary resources and abilities to handle them. Local communities are best suited to respond to the concerns of their citizens and customer service and consumer protection services should remain at the local level. . The bill, as it now stands, would take away local governments' authority to franchise the use of public rights-of-way for video/cable services and hands over that local authority to the federal government. While COPE ostensibly grants rights-of-way management authority to local governments, enforcement would rest with the FCC, which has never had the authority to regulate public rights-of-way and lacks the expertise concerning local streets, sidewalks, public safety and traffic patterns. The bill gives the FCC the authority to second-guess all local rights-of-way management practices. Incidents occurring in the public rights-of-way are public safety concerns that must be addressed immediately and locally, not from Washington. . Of particular concern, COPE allows providers of broadband-video service, through the national franchise, to use the public rights-of-way in a community but pick and choose which neighborhoods they wish to serve and bypass others completely. The bill would even allow broadband-video providers to avoid maintaining or upgrading facilities in certain Service People Integrity Responsibility Innovation Teamwork . · Public, educational and government (PEG) access channels and institutional networks (I-Nets) are important community resources. These resources are used by schools for distance education, by our locally elected officials to improve governmental services and enhance democratic discourse and by our communities as the last source of free speech over the medium of television. As currently drafted, the bill would arbitrarily limit available support for these resources to a maximum of one percent of an operator's gross revenue. The legislation's "one size fits all" approach fails to keep communities financially whole. In Dubuque we worked very hard, and spent hundreds of thousands of dollars, to come up with a franchise agreement that best meets the needs of our community. HR 5252 will undo everything we worked for and achieved. Local governments want competition, but not at this cost. I respectfully request that you oppose this bill. Communities all across Iowa cannot afford it. Sincer~ ~ Michael C. Van Milligen City Manager MCVM:ksf Cc: Mayor Roy Buol Dubuque City Council Member Susan Judkins, Iowa League of Cities Barry Lindahl, City Attorney Cindy Steinhauser, Asst. City Manager Craig Nowack, Cable TV Coordinator