Agenda Packets - 1983/07/18 - Laserfiche WebLink

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Page Two o Enforcement. My amendment to section 613(d) deleted the operator's right to unilaterally abrogate negotiated commit- ments to provide specified facilities and equipment. An operator will now have to prove that a "significant change in circumstances" has made the provision of the facilities and equipment impracticable before a local government is required to negotiate over the change in the agreement. The amendment will also mandate binding arbitration when such negotiations fail, and will thus preserve the local character of the disputes resolution process. o Franchise Renewal. Two changes were made to section 609. First, the provision prohibiting a franchise authority from considering competing applications was dropped after a number of us expressed concern over its anti-trust impli- cations. And second, under one of several amendments sponsored by Senator Lautenberg and supported by Senators Boschwitz, Exon and myself, the requirement for judicial de novo hearings on decisions to deny franchise renewal will not apply where an operator has been given a hearing consistent with accepted administrative procedures. o Rate Regulation. The key change to section 607 involved dropping the proposed 5 percent floor on the annual increase — service rates. Under the amendment, rates may rise in accordance with the annual increase in the regional Consumer Price Index. Also, basic service rates would continue to be regulated within the "B contour" if 80 percent of the house- holds for which cable was available subscribed to the system. 7 Access. This amendment to section 614 will allow franchise authorities to specify access to public and educational programming as well as to government programming which already was allowed under the bill. Frankly, I doubt that these changes will satisfy everyone. I'm not satisfied myself, but S. 66 still has a long way to go before becoming law. First, it must be passed in the House of Representatives, and then it mus£ go through conference conuaittee before coming back to the Senate for final passage. By voting for this bill on the Senate floor, I have helped to secure essential changes in the legislation while retaining the good will. of Chairman Packwood and others, keeping uw in a strony position to represent your concerns in the days ahead.