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Impact of Pending FCC Rulemaking Proceedings. IMLA’s 71 st ANNUAL CONFERENCE September 17-20, 2006 - Portland, OR Brian T. Grogan, Esq., Moss & Barnett Minneapolis, Minnesota. Heads They Win - Tails We Lose. If federal legislation is adopted national franchise limited ROW control

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impact of pending fcc rulemaking proceedings

Impact of Pending FCCRulemaking Proceedings

IMLA’s 71st ANNUAL CONFERENCESeptember 17-20, 2006 - Portland, OR

Brian T. Grogan, Esq., Moss & Barnett

Minneapolis, Minnesota

heads they win tails we lose
Heads They Win - Tails We Lose
  • If federal legislation is adopted
    • national franchise
    • limited ROW control
    • reduced revenue?
    • preemption of existing franchises?
  • If federal legislation is not adopted
    • FCC action on Docket No. 05-311in ’06
      • Local competitive franchising
    • Could similarly knock out LFAs

Moss & Barnett, A Professional Association

fcc local franchising docket
FCC Local Franchising Docket
  • Section 621(a)(1):

An LFA may not “unreasonably refuse to award an additional competitive franchise”

  • How much authority does this grant to the FCC?
    • adjudication of disputes?
      • at FCC
      • not in court
    • time frame for LFA action of franchise request
      • 30-180 days
    • dictate material terms of competitive franchise
      • PEG, I-Net, area served, compensation

Moss & Barnett, A Professional Association

what is iptv
What is IPTV

Internet Protocol Television Service = IPTV

  • is it a “cable service”
    • local regulation
  • a “telecommunication service”
    • state regulation
  • is it an “information service”
    • federal regulation

AT&T – We are not a cable operator” providing “cable service” over a “cable system”

  • we are an information service provider
    • providing IPTV

Moss & Barnett, A Professional Association

what would fcc action mean
What Would FCC Action Mean
  • It will only occur if Congress fails to pass legislation
  • FCC Action could occur by year end
  • Telecos and cable are making weekly/daily visits to FCC
  • FCC is not hearing from LFAs
  • Win the battle, lose the war
    • No federal legislation but FCC order in ‘06
    • FCC order could be worse for LFA

Moss & Barnett, A Professional Association

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THANK YOU

Moss & Barnett, A Professional Association