FCC Local Franchising LimitationsCity Manager's Office
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
(563) 690-6678 TDD
ctymgr®cityofdubuque.org
Senate Commerce
Science and Transportation Committee
Public Information Office
508 Dirksen Senate Office Bldg
Washington D.C. 20510-6125
THE CITY OF
DuB E
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January 31, 2007
Dear Senate FCC Oversight Committee Member:
I am writing today to express the City of Dubuque's concern over a recent FCC rule
which sets severe limitations on local franchising authorities when negotiating with
telcos who want to provide video service (MB Docket No. 05-311). This rule contradicts
current law and, in issuing it, the FCC has exceeded its authority as a regulatory
agency.
The City of Dubuque welcomes competition in video and broadband services, but we do
not do so at any cost. This rule undermines much of what we accomplished in
negotiating a 15-year cable franchise two years ago. Specifically, I am concerned that
this rule:
• Does not have adequate build-out requirements. In Dubuque we feel true
competition means that all residents benefit, not just those who live in the most
desirable neighborhoods.
• Handcuffs local franchising authorities by limiting the amount of time we have to
negotiate in the best interests of our citizens. All a new entrant. has to do is stall
past the imposed time limit and they can begin operation.
• Undermines support for public, educational, and governmental (PEG) access
channels and institutional networks (I-Nets). Construction of our franchise-
mandated I-Net has just been completed and we are poised to begin using this
valuable new resource. And our access channels, perhaps the last true local
voice in our electronic media, have had amuch-needed upgrade thanks to our
franchise agreement. Our access community thrives in Dubuque!
Congress long ago wisely realized that franchising is a local concern. Please do not
allow the FCC to usurp our authority and ability to work for what is best for our
community. We take this responsibility seriously.
Service People Integrity Responsibility Innovation Teamwork
t Senate FCC Oversight Committee
Page 2 of 2
January 31, 2007
Let me remind you what Commissioner Adelstein wrote in opposing this order: "This
Order is certain to offend many in Congress, who worked long and hard on this
important issue, only to have a Commission decision rushed through with little
consultation. The result will be heavy oversight after-the-fact, and a .likely rejection by
the courts. It will solve nothing, add to the confusion, and provide little or no progress
on our shared goal of promoting video competition."
In closing, please require the FCC to stay out of the policy-making arena; that is the job
of our elected officials in Congress. Rushed decisions made while exceeding authority
do special harm to the public interest.
Thank you for your consideration.
Sincerely
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Michael C. Van Milligen
City Manager
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