PL PACKET 04181996 - Laserfiche WebLink

Home Browse Search

ALL PA4ZS • 1100 International Centre 900 Second Avenue South Minneapolis. MN 55402-3397 FREDRIKSON & BYRON, P.A. (612) 3 7-7000- , Attorneys At Lau- CABLE TELEVISION CLIENT UPDATE TO: Cable Television Franchising Authorities and Other Interested Persons FROM: Adrian E. Herbst, Esq. (612) 347-7053 Ann M. Ladd, Esq. (612_) 347-7124 Theresa M. Harris, Esq. (612) 347-7131 Anthony S. Mendoza, Esq. (612) 347-7055 DATE: February 16, 1996 TELECOMMUNICATIONS ACT OF 1996 The Telecommunications Act of 1996 is the first major overhaul of our nation's • telecommunications law. Because we know that this Act will impact many of the things you do, including oversight of your cable television franchise and control of your local rights-of-way, we have prepared the following overview of the Act. Before the Act was passed, there was speculation about whether local governments would lose control of their rights-of-way, whether the local franchising of cable systems would change, and whether local governments would be allowed to charge a franchise fee payment for use of the rights-of-way. Additionally, there was considerable controversy about local control of zoning and restrictions on the use of rights-of-way and other properties for placement of cellular equipment, including antennaes. On the whole, the news from Washington is good. The Act retains local control, franchise fees can still be imposed on cable services, and the Act permits similar fees to be charged to other users of the right-of-way. Cities have not lost their zoning power, although the FCC will develop certain restrictions and standards that will impact some local government controls. Cable rates are being further deregulated. Hopefully, the increased competition which the Act allows will keep downward pressure on rates for all telecommunications services. The following overview of the Act includes a description of the new Telecommunications Act's impact on local units of government. It also discuss the next challenge for municipalities, the FCC's rulemaking procedures based upon the Act. • Please call us at any time if you have any questions.