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HomeMy WebLinkAboutS5-Mayor's Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Mayor's Office Subject: Resolution urging Congress to revise the Cable Communications Policy Act of 1984 From: W. R. Holcomb, Mayor Date: April 12, 1990 Synopsis of Previous Council action: NONE. Recommended motion: Tha't the resolution urging Congress to revise the Cable Communica- tions Policy Act of 1984 be reviewed and considered for adoption. ./iJd . /'/ '.,' " I:. (A..{v t/-/. I , S. \ ~ J ./ Ignature Dean Gray Phone: 5147 Contact person: Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: IAcct, No,) IAcct, Description) Finance: Council Notes: AQenda Item No, S' --- -!'- CITY OF SAN BERNAADINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Definitions: Telco: Telephone Company Common Carrier: Company that provides distribution leased to other companies for carriage (voice, data, image) system signal Plant: Equipment used for signal distribution. Systems may include the following: fiber optic, coaxial cable, twisted pair, copper wire, microwave; other pieces of specific equipment include amplifiers, modulators, de-modulators. Background Information: For the past several years, the Cable and City staff have been exploring incorporating fiber optic technology to of cable service in San Bernardino. Television commission the possibility of improve the quality GTE has been investigating the option of providing cable service via their company's fiber optic system. GTE has already installed two fiber optic leads -- one from 6th and "E" down Waterman to Pioneer, and one extending to Norton Air Force Base. On the national level, the issue of teleco entry into the cable industry has been under discussion for several years. Congressional hearings are currently being held to decide the issue of cross-ownership (teleco owning cable system within their teleco service area). GTE is requesting a formal endorsement from the Mayor and Common Council supporting teleco entry into the cable tele- vision business. This endorsement, together with those from other surrounding cities served by GTE, will be presented at a congressional hearing to be held during the first week in May. 75-0264 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA URGING THE CQNGRESS OF THE UNITED STATES TO REVISE THE CABLE COMMUNICATIONS POLICY ACT OF 1984. WHEREAS, cable television has become the public square of free speech of the 1980s and will only grow in the future as a necessity in the lives of individual citizens; and WHEREAS, the current status of the laws and regulations governing cable do not promote competition or protect cable subscribers from rate escalation of the type that could divide society into those who can and those who cannot afford to avail themselves of this public square; and WHEREAS, this division will result from cable television being an unregulated monopoly, which does not face competition and which is preempted from a regulatory environment; and WHEREAS, this preemptive regulatory environment has come about as a result of the Congress, the Federal Communications Commission and Courts altering what cities had thought to be the terms and conditions of the Cable Act of 1984 in areas such as franchising, renewals, rate regulation and technical standards; and WHEREAS, the lack of competition has arisen from the absence of alternative multichannel delivery systems, especially of a-switched fiber optic network that reaches most houses to achieve a significant market share and from anticompetitive behavior by monopolistic cable operators; and WHEREAS, the judicial elimination of "must carry" rules has interfered with the intent of the 1984 Act; and DAB/ses/Policy.res April 4, 1990 1 s~~ 1 WHEREAS, the current trends of horizontal consolidation, 2 which results from the merging of cable systems, and vertical 3 integration, which results from cable companies having an 4 ownership interest in the sources of programming, have further 5 inhibited competition; and 6 WHEREAS, as a result of this unregulated monopoly, 7 consumers and cities presently have no protection against the 8 monopolistic practices of the cable industry, 9 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Common 10 Council of the City of San Bernardino call upon Congress and the 11 Administration to guarantee the right of all citizens to the 12 public square for free speech and other necessities provided by 13 cable television, and to address this issue by enacting laws 14 which encourage the introduction of competition into the cable 15 market and for cable franchises, especially at the time of 16 renewal; and 17 BE IT FURTHER RESOLVED that until and unless such 18 competition is achieved, Congress and the Administration must 19 return to local government regulatory authority over rates and 20 technical delivery. Specifically, the Mayor and Common Council 21 of the City of San Bernardino call upon the Congress and 23 22 Administration to: A. Return to local government the authority to regulate 24 basic cable rates in the absence of a switched fiber optic 25 network to a second multi-channel alternative which provides 26 viable competition throughout the franchise area. 27 28 Establish, or in the alternative, permit local B. DAB!ses!Policy.res April 11, 1990 2 10 11 12 13 14 15 16 1 governments to establish, worthy technical standards for the 2 delivery of cable service which are responsive to technological 3 advances. The standards currently in place for Class I 4 transmissions are antiquated and must not be extended to Classes 5 II, III and IV transmissions. 6 c. Permit telephone companies to own and operate cable 7 systems so long as: 8 regulations are in place to prevent cross 1 ) 9 subsidization between a company's cable and telephone operations; and 2) all other requirements of a local franchise agreement, including existing fees, franchising process and regulatory mechanisms that govern city cable franchise relations, are enforceable at law against a telephone company operating as a cable provider. D. Encourage telephone and cable companies to deploy 117 fiber optic cable to the house, so the maximum number of 18 Americans will benefit from the abundance of the Information Age 19 services and programming that could be provided over a switched 21 20 fiber network. Mandate that as a term and condition of availing E. 22 themselves of the benefits of compulsory licensing, cable 23 operators carry local television signals on their basic cable 24 service tiers. 25 F. Prohibit video programmers affiliated with cable 26 systems from discriminating against non-affiliated cable systems 27 and alternative multichannel video programming distributors in 28 DAB/ses/Policy.res April 11, 1990 3 1 RESOLUTION OF THE CITY OF SAN BERNARDINO, CALIFORNIA URGING THE CONGRESS OF THE UNITED STATES TO REVISE THE CABLE 2 CO~TIONS POLICY ACT OF 1984. 3 the p;r:1ce, terms, conditions or availability of their 4 programming. 5 I HEREBY CERTIFY that the foregoing resolution was duly 6 adopted by the Mayor and Common Council of the City of San 7 Bernardino at a meeting thereof, held on the 8 day of , 1990, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN 10 ESTRADA 11 REILLY 12 FLORES " 13 MAUDSLEY 14 MINOR 15 POPE-LUDLAM 16 MILLER 17 18 City Clerk 19 The foregoing resolution is hereby approved this day 20 , 1990. of 21 22 w. R. Holcomb, Mayor 23 City of San Bernardino Approved as to 24 form and legal content: 25 JAMES F. PENMAN, City Attorney 26 27 By: 28 DAB/ses/Policy.res April 11, 1990 4