Impact of Pending FCC Rulemaking Proceedings

1
Impact of Pending FCCRulemaking Proceedings

• IMLAs 71st ANNUAL CONFERENCESeptember 17-20,
  2006 - Portland, OR
• Brian T. Grogan, Esq., Moss Barnett
• Minneapolis, Minnesota

2
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

3
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

4
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
• ATT We are not a cable operator providing
  cable service over a cable system
• we are an information service provider
• providing IPTV

5
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

6

• THANK YOU