Legislative Action and Advocacy

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Congress
On June 8, the US House of Representatives gave Verizon a “Sweetheart Deal” (so named by Representative Edward Markey, member of the Commerce Committee, from which the bill originated as the Barton-Dingell Bill) with the passage of the Communications Opportunity, Promotion and Enhancement Act (COPE). The bill was designed to make it easier for telephone companies to enter into competition with cable companies by establishing a model for national franchising - leapfrogging over cities' and towns' control over their public rights of way. Had the bill become law, it may have had grave implications for the franchise fees that are collected to support public, educational, and governmental access.

Fortunately, the legislation died at the end of the Congressional session, however, Verizon was pushing its agenda at the Federal Communications Commission, as well as at the state level.

Federal Communications Commission
"Hello, FCC, we meet again, but this time, it’s on different terms.” Thus began CCTV member Ricardo Melo’s response to the FCC’s Notice of Proposed Rulemaking 05-311. “I’m only 14 and have no where else to go to express myself and utilize my First Amendment rights on local TV! You see, FCC, kids like me need a place like this, because we’re looking for community, a ‘family,’ if you will, and access centers are what makes that community. That is why you shouldn’t eliminate local franchising.”

The NPRM resulted from petitions filed by corporations who wish to overturn the requirement that they seek franchises with local authorities before rolling out video services. CCTV staff, members, and the City of Cambridge registered their opposition to this plan, which might threaten local franchise fees as well as other services currently provided by cable companies. Franchise fees are used to fund Public, Educational, and Governmental Access.

On December 20th, in spite of the efforts of public access and municipal advocates, the FCC ruled to limit the power of local franchising. That ruling is now being challenged as being outside of the FCC’s jurisdiction.

Commonwealth of Massachusetts Department of Telecommunications and Energy
Verizon filed with the Commonwealth’s Department of Telecommunications and Energy to seek state-wide franchises, should its federal efforts fail. At a public hearing in August, testimony against the plan ran 15 to 1, and by year-end, the DTE had not issued a finding.

State Legislature
However, in early 2007, Verizon filed a bill on Beacon Hill calling for franchise approval at the state level.