Statewide Cable Franchising Committee Meeting

I was wrestling socks on my two year old. I turned on the TV to distract her – and what came on? The live committee meeting for the statewide cable franchise proposal! It didn’t distract her but I got out paper and a pen to take the best notes I could. (Remember, I still had the two year old.) I have wrriten them up as best I could. It’s long but hopefully helpful.

(I walked in when John Stanoch from Qwest seemed to be introducing the proposed legislation.)

The gist seemed to be that the telephone companies want to be able to provide video services (i.e. cable). They don’t want to appeal to local governments to get local franchises; they want to be able to work through a statewide resource – because it is too timely consuming and timing is unpredictable when you work through multiple local cable franchising overseers. If the bill passes, it would be at least 2 years before Qwest got into telephoneprovide video in Minnesota.

Qwest would not discriminate against consumers but they are limited by the technology as to which areas they are serve immediately in accordance to where they have their facilities in a community.

(Next came Joanne Johnson from Frontier, who I have to admit in fairness I have known and liked for many years.)

Video competition would be good for Minnesota because competition will bring lower prices to consumers and potentially more revenue to local governments. Currently telephone companies often bundle their services with video options from satellite companies, who do not pay franchise fees because they do not use local right-or-way services. However if they could, telecos would rather look into ipTV and would then pay franchise fees to local governments to provide that service – and adding that services would help local telcos reach consumers who were new to the market.

Video competition is now available in 9 states. Generally the applications are handed by the Secretary of State similar to applications from CLECs. Applications are 3-5 pages and applicants talk about who they and the areas they want to serve.

(Next came Wauneta Brown from AT&T.)

From 1995-2005 average consumer cable costs have increased 93 percent. In at least 3 areas where there is video competition those rates have gone down. This situation today is different from a time when the cable companies wanted to provide voice services because video is not an essential service; voice is.

The telcos are looking for a uniform statewide application process with standards because working with numerous local applications processes without standards prevents telcos from entering the market and squelches competition. AT&T has no plans to enter the video market in Minnesota within the next 2 years.

(Next came Jeff Lueders from MACTA.)

There is legislation in place for telephone companies to become video providers and it is happening in some communities in Minnesota. The competitors must apply with the local decision makers. MACTA has worked with their members to streamline the application process and the local governments welcome the competition and the potential for improved services for their citizens. However few have seen companies such as Qwest join the competition.

FCC ReportCities need to maintain control of their right-of-way to ensure that all citizens are served and ensure that build outs are completely with a minimum of disturbance. The experience in the 9 states that have sanctioned telcos as video providers has not necessarily been positive. The FCC recently adopted an order that gives local governments 90 days to reject or approve cable-service licenses sought by phone companies that already have facilities in city-controlled rights of way. But that is expected to be appealed.

(Next came Mike Wassenaar from St Paul Neighborhood Network.)

While it is great that the proposed legislation offers provisions for public access programming, it may not be enough. The local governments and nonprofits cannot afford to lose revenue or increase expenses to accommodate new video providers. Public access should be treated as well as commercial programming (adequate broadband, visible and consistent channels) and there should be room to grow with commercial options so that public access does not remain stagnant at 2007 standards.

television(Finally came Mike Reardon from the Cable Communication for the City of St. Paul.)

Local governments are not necessarily a barrier to video competition. Local governments support efforts to broaden competition to all citizens regardless of income, race or location. Video is as much an essential services as phone services. Most of the time each is an entertainment of convenience – but when you need to call 911 the phone is essential and when you need information from the emergency broadcast services video is essential.

The legislators asked providers if they planned to enter the market in the next 2 years. So, that appeared to be foremost on their minds.

Whew – I think I got it all. I tried to keep my own views out – and attribute remarks to the right people. I wasn’t able to find a copy of the proposed legislation online – but apparently they are available in paper at the capitol. I have a call into a friend who works at the capitol to get a copy for me. Once I get it I’ll try to correct anything I misunderstood from the committee meeting.

My own opinion as a consumer: I was it both ways. I want the lower costs. Right now I don’t have full cable because I think it’s too expensive. I want video to be considered a necessity to make room for more applications that are less entertainment and more educational or transactional. I want everyone to have access – including many of my clients who are in remote areas of the state. I want public access, which is how I happened to see the committee meeting today. I want good service and I don’t want my streets torn up regularly to make changes.

This entry was posted in Cable, FCC, MN, Policy by Ann Treacy. Bookmark the permalink.

About Ann Treacy

Librarian who follows rural broadband in MN and good uses of new technology (blandinonbroadband.org), hosts a radio show on MN music (mostlyminnesota.com), supports people experiencing homelessness in Minnesota (elimstrongtowershelters.org) and helps with social justice issues through Women’s March MN.

16 thoughts on “Statewide Cable Franchising Committee Meeting

  1. Pingback: MN Testimony on Statewide Video Franchising « SCRATCH PAD

  2. Ann,
    You did an excellent job of summarizing this morning’s hearing– especially while putting socks on a two-year-old!

    I would like to correct one important item; there are nine states where recently video franchising has been taken away from cities and moved up to the state. The phone companies are trying to do this in many states, but so far only nine have made the change. Wireline video competition is happening all across the country, regardless of whether the state has local city franchising of cable TV (like MN) or a state-issued franchise process, which we hope does NOT happen in MN. For example, in several states Verizon has applied for city franchises successfully and is upgrading its networks to sell “cable tv” to its customers.

    I would also like to tell all of your readers that IF they missed this morning’s hearing, they can view the entire House Telecommunications Regulation and Infrastructure Division hearing on the Qwest bill, recorded this morning at the State Office Building.

    Go to: http://www.house.leg.state.mn.us
    Look in the left column and select VIDEO ARCHIVES
    Under 2007-2008 Committees select “Telecommunications Regulation and Infrastructure Division”
    Next to Telecommunications Regulation and Infrastructure Division March 16 select ENHANCED VERSION
    Let it buffer for awhile, depending on the speed of your network and then you can watch the 82 minute meeting.

    There will be another hearing next Friday from 8am to 9:30 am in the State Office Building (if you decide to attend please check the schedule late in the day on Thursday, March 22, 2007 to make sure the time or room assignment hasn’t changed). The scheduled speakers for next week’s meeting should include the cable providers, more MACTA/NATOA members, elected officials, and more than likely more Qwest bill supporters.

    Jodie Miller
    NDC4 Cable Commission and Town Square Television
    Inver Grove Heights, MN
    Co-chair of the MACTA Legislative Committee

  3. Thanks for the link to the video (both of you!) – that’s very helpful! And thanks for mentioning next week’s session. I have it on my calendar. So I will intentionally be watching next week – either from home or on site. I’ll try to take notes again – although this time I’ll be better prepared.

    Jodie, I noticed that NDC4 was mentioned this morning. My parents live in Mendota Heights and I’ve done some work with Dakota Future so I looked up your site (http://www.townsquare.tv/home/ndc4.shtml) earlier today to learn more. I thought your action alert (http://www.townsquare.tv/) did a good job of telling viewers how policy can have an impact on them. And although I’m more of a Cretin fan, I thought the DVDs of St Thomas Football was a great idea!

  4. Pingback: Community Media: Selected Clippings - 03/16/07 « Clippings for PEG Access Television

  5. Mike,

    Thanks for asking. Blandin is a big proponent of open access so I think I would have noticed if it came up and I don’t remember it. So, no I don’t *think* it came up.

    (Others can please chime in if I missed it!)

    I’m glad that you asked and I hope it will come up because I think it might raise some new questions and new solutions.

  6. From a northern access station’s views.

    At Itasca Community Television, Grand Rapids, I caught the last half of the hearing (I got my two year old to daycare first but the issue Friay was boots) at our studios and missed most of the corporate presentation. However, were up to date having been provided an early copy of the legislation. ICTV is quite concerned about the impact this could have on public access funding in the future.

    Just a couple examples: The proposed legislation puts the responsibility for connecting telecos to local programming in a way that the telecos need it. That in itself is costly for municipalities and access centers. It also requires the telecos to use “good faith” and “reasonable” judgement in connecting to access stations. It is difficult to legislate or regulate faith and individual or corporate interpretations of judgement.

    Also, while the 5% franchise fee is in the language, it also gives the telecos the right to subtract a wealth of their costs from the 5%, diluting what is available to the municipalities and/or public access.

    The legislation, combined with the FCC’s newest orders, could also mean that telecos could possibly choose to serve areas of density and wealth easily and ignore other sectors of our state. Local franchising puts all players on an even playing field and preserves public access funding.

  7. Beth,

    Thank you! You highlight a couple of important issues that I think Mike Wassenaar brought up that morning too. I have to admit that the one I really didn’t get was the ability to subtract costs from the 5% franchise fees. Is that how it works currently with the cable companies? To the untrained eye it seemed unusual – unless of course that is how it works for everyone.

  8. Ann, the terms of the franchise as MN Statute stands now are negotiable, but the important part of the statute is that “b) No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. ”

    Up to 5% of gross revenues s a standard language, as I understand it. In other areas of the country it can be 3% etc. The most recent franchise agreements done in Grand Rapids area communities do not have any subtraction for services etc. in the franchise lanugage. Grantees are required to connect to public access, cooperate with the incumbent provider to save money or bear the cost themselves.

  9. Thanks for the updated link!

    All of these comments and updates get me excited for the next meeting. I don’t know if that a good thing or a scary testament on how I spend my time.

  10. I think the important thing to recognize is that when the Telecom Act was issued Federally in ’96 to give competition access to ILECs infrastructure, the “competition” created a savings for consumers.

    While this bill doesn’t give competitors access to the cable company’s infrastructure, it does provide for competition which can only help the consumer. Even if they only went in to skim the cream, in other word compete in high density areas (which is what the competitors did when they entered the telecom market), it would still create saving for a great number of people in those areas. That’s not, however, what the bill proposes.

    Cable companies have benefitted from the competitors that came in and took large chunks of ILEC’s business. They have grown fat and happy as a result and have a monopoly market in video. Particularly Comcast who owns more than 45% of the nations Cable market… Outdated laws around how franchises are granted can be changed and that’s what this legislation provides.

    I think as Qwest’s Stanoch put it, the legislation is modeled after how Cable was allowed to enter the telephony market. I have seen cable commissions state that it is not the same because the other decision was made by the PUC. Whatever the regulatory body is, what’s fair is fair and if it opens up the market to competition the one who benefits is the consumer. Regulatory bodies stifling competition because they don’t want to lose control of their authority do nothing for the consumer.

    Move it on I say.

  11. Pingback: Telecommunications Regulation Committee Meeting Tomorrow 8 am « Blandin on Broadband

  12. Pingback: March 23 Statewide Cable Franchising Committee Meeting « Blandin on Broadband

  13. Sean – sorry for my delay on Friday I got caught up with the latest Committee Meeting https://blandinonbroadband.wordpress.com/2007/03/23/march-23-statewide-cable-franchising-committee-meeting/
    Yesterday I promised the kids I wouldn’t work. (Here’s what we did http://www.treacyinfo.com/10qs/peeps.html – wish us luck in the big Peeps competition.)

    Most of the folks who spoke on Friday were opposed to the new bill – so you might find their comments interesting. I suspect that the debate will be more balanced on April 13, when they are going to continue the discussion.

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