Laserfiche WebLink
FREDRIKSON & BYRON, P.A.. <br /> Attorneys At Lau, <br /> Cable Television Franchising Authorities and Other Interested Persons <br /> February 16, 1996 <br /> Page 3 <br /> 2. Regulation of Services. The Telecommunications Act creates three <br /> categories of local governmental regulatory powers. These categories are <br /> distinguished by the type of telecommunications service that is subject to <br /> regulation. <br /> a. Cable Services. The Act sets forth new provisions and <br /> modifies old provisions regarding the manner in which <br /> local governments regulate cable services. Areas affected <br /> are: calculation of franchise fees, rate regulation, customer <br /> premises equipment compatibility, certain customer service <br /> requirements and more. Also, the Act creates differences <br /> with . respect to how local governments regulate cable <br /> operators providing telecommunications services (versus <br /> those cable operators that strictly provide cable services). <br /> • b. Open . Video Systems. The Act creates a separate <br /> regulatory category called Open Video Systems (OVS) for <br /> companies offering video programming services on .a <br /> common carrier basis. The FCC will be issuing rules <br /> setting forth the procedures for how companies can become <br /> certified to provide video programming services pursuant <br /> to this provision. Local governments can impose <br /> requirements similar to cable, including public, <br /> educational, and governmental (PEG) access and <br /> institutional network requirements on OVS providers. <br /> C. Telecommunications Services. Everything.not falling into <br /> one of the first two categories is probably a <br /> "telecommunications service. Local governmental <br /> regulatory authority would be subject generally to the <br /> provisions discussed in section IIB.1 above <br /> (nondiscriminatory, competi tively neutral management of <br /> public rights-of-way etc.). <br /> d. Zoning Authority Over Telecommunications Facilities. <br /> The Telecommunications Act preserves the rights of local <br /> governments to zone "private wireless services." The Act <br /> • preempts, however, local governmental regulation of <br /> "direct-to-home satellite services." <br />