A resolution requesting the Davidson County Congressional Delegation to oppose any federal legislation that would create a national cable/video franchise or remove the cable franchising authority from municipalities.

WHEREAS, large telephone companies interested in providing video services are seeking federal legislation, potentially as part of the rewrite of the federal Communications Act, that would restructure the local franchising process and instead create a national video franchise allowing telephone companies to offer video programming in cities without obtaining a local franchise agreement; and

WHEREAS, current federal law requires cable television operators to obtain a local franchise agreement from a city before they offer video services to its citizens; and

WHEREAS, municipalities have the authority to negotiate and enforce local franchise agreements that provide a tool for obtaining needed municipal services, including institutional networks that support government efficiency and public safety and the provision of Public, Educational and Government (PEG) access channels, which allows cities to relay important information and local government programming to their citizens; and

WHEREAS, municipalities should have the authority to provide communications services, including internet, cable and telephone services for the benefit of local citizenry and economic development purposes without undue interference from the federal or state governments; and

WHEREAS, U.S. Representatives Marsha Blackburn (Tennessee) and Albert Wynn (Maryland) have sponsored H.R. 3146 and U.S. Senators Gordon Smith (Oregon) and Jay Rockefeller (West Virginia) have sponsored S. 1349, that would create a national cable/video franchise, thus bypassing the local franchising process; and

WHEREAS, Congresswoman Marsha Blackburn asserts that H.R. 3146 will not negatively affect municipal management of right-of-way nor eliminate PEG requirements, but will increase competition in the marketplace; and

WHEREAS, local governments recognize the importance of and need for competition among video services for their citizens; and

WHEREAS, U.S. Senators John Ensign (Nevada) and John McCain (Arizona) have filed a bill titled the "Broadband Investment and Consumer Choice Act" that would prohibit state and local governments from requiring a franchise for the provision of video services, extinguish existing cable franchises, and restrict the authority of local governments to provide communications services; and

WHEREAS, the Broadband Investment and Consumer Choice Act would be detrimental to the Metropolitan Government for the following reasons:

• " The bill would preempt all local authority over the provision of cable and video services within the community, including the ability of the local government to provide appropriate oversight to entities conducting business within their jurisdiction and in the local public rights-of-way;
• " The bill would substitute a new compensation methodology on the parties which must be justified as being "reasonable" in the eyes of the user, limited to management costs (which denies the rights of the property owner to obtain fair and reasonable compensation for the use of public property for private gain), and not in excess of 5%;
• " These requirements and restrictions would result in the creation of a subsidy to the cable and telecommunications industries; at the expense of the Metropolitan Government taxpayers;
• " The bill would further substantially reduce the revenues that are now includable in the definition of "Gross Revenues" so that the Metropolitan Government's revenues from the fee would be significantly less due to the smaller revenue base;
• " The bill would substantially reduce the amount of capacity which may be required by local governments to meet their public, educational and government ("PEG") access needs, while stripping the Metropolitan Government of the ability to obtain capital support for the use of PEG capacity;
• " The bill would preempt any state or local law that is not generally applicable to all businesses, which might preempt any law applicable to only certain classes of businesses, such as a recently-enacted Metropolitan Government ordinance requiring utilities to be located underground and ordinances ensuring electric code compliance;
• " The bill would prohibit municipalities and their utilities from providing communications services without giving a right of first refusal to private industry, and would then grant industry unfettered access to all municipal facilities and financing in the event private industry chooses to provide services;
• " The bill would deprive the Metropolitan Government of the authority to establish and maintain government owned and operated networks, known as institutional networks, that may be utilized by first responders and other government officials in the day-to-day management of government business; and
• " The bill would permit broadened preemption of local zoning decisions relating to the placement of cell towers, depriving the Metropolitan Government of the authority to ensure that such towers are safely and appropriately located in areas to provide the greatest degree of services without unnecessarily posing a hazard to the public health, safety and welfare; and

WHEREAS, it is in the best interest of the citizens of Nashville and Davidson County that the United States Congress refrain from enacting any legislation that would remove or limit the cable television franchising authority of local governments.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan County Council hereby goes on record as requesting the Davidson County Congressional Delegation to oppose any federal legislation that would create a national cable/video franchise or remove the cable franchising authority from municipalities.

Section 2. The Metropolitan Clerk is directed to send a copy of this Resolution to each member of the Davidson County Congressional Delegation.

Section 3. That this Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Lynn Williams, David Briley