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FCC Cable coalition Notice of Inquiry D~~~E ~ck~ MEMORANDUM November 28, 2006 , , , TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: FCC Notice of Inquiry Cable TV Coordinator Craig Nowack recommends City Council approval for the City of Dubuque to join a coalition of municipalities in responding to a Federal Communications Commission Notice of Inquiry on a number of issues affecting local communities, including the effect to local franchising on video competition, and to authorize up to $5,000 from the Cable TV budget for that purpose. I concur with the recommendation and respectfully request Mayor and City Council approval. ~<<A C~J,11 Mic ael C. Van Milligen- MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Craig Nowack, Cable TV Coordinator i5ii~~E ~ck~ MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Craig Nowack, Cable TV Coordinator DATE: November 27,2006 RE: FCC Notice of Inquiry INTRODUCTION The purpose of this memorandum is to recommend that the City of Dubuque join a coalition of municipalities in responding to a Federal Communications Commission Notice of Inquiry (NOI) on a number of issues affecting local communities, including the effect of local franchising on video competition. BACKGROUND In a recent e-mail, Miller and Van Eaton attorney Rick Ellrod detailed an FCC Notice of Inquiry and three areas on which it calls for comments that might be of interest to local communities: . Franchising and other local and state regulations and their effect on competition. . PEG programming. . Local Video-On-Demand content. In the same e-mail Mr. Ellrod notes that the Bell companies most likely will take this as an opportunity to attack local franchising and he feels it is important that local communities have their side heard. He offers several points a coalition of municipalities might make: . Describe the success stories of competitive local franchises: e.g., the long-time overbuild in Anne Arundel County, MD; RCN franchises in Montgomery County, MD, DC, and elsewhere; and Verizon franchises granted in numerous jurisdictions in the Washington area. . Make clear that sensible build-out requirements worked out case by case have resulted in wide availability of cable service that is not incompatible with financial success for cable companies. . Point out that state franchising, where passed, has had very little effect in facilitating telco entry into cable, but has only resulted in reducing public benefits provided by incumbents who have been permitted to escape their existing contracts. . Point out that industry filings in the record still have failed to identify any cases where local franchising has delayed competitive entry. . Emphasize the value of PEG programming and encourage the FCC to see that new ways of delivering it, such as Video-On-Demand, should be something that local communities can negotiate. Mr. Ellrod estimates that filing initial and reply comments will cost the coalition approximately $30,000. No matter the final number of the coalition, he indicated it is possible to cap the City's financial involvement at $5,000. The Cable TV Legal Services account currently has a balance of $15,820, although we have not seen any bills for work to defend the franchise fee lawsuit. RECOMMENDED ACTION I respectfully request that my recommendation to join the coalition being represented by Miller and Van Eaton and to authorize up to $5,000 from the Cable TV budget for that purpose be forwarded to the City Council to receive, file, and approve. CN Cc: Randy Gehl, Public Information Officer Barry Lindahl, City Attorney