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Impact of Pending FCC Rulemaking Proceedings

Impact of Pending FCC Rulemaking Proceedings. IMLA’s 71 st ANNUAL CONFERENCE September 17-20, 2006 - Portland, OR Brian T. Grogan, Esq., Moss & Barnett Minneapolis, Minnesota. Heads They Win - Tails We Lose. If federal legislation is adopted national franchise limited ROW control

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Impact of Pending FCC Rulemaking Proceedings

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  1. Impact of Pending FCCRulemaking Proceedings IMLA’s 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 Moss & Barnett, A Professional Association

  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 Moss & Barnett, A Professional Association

  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 AT&T – We are not a cable operator” providing “cable service” over a “cable system” • we are an information service provider • providing IPTV Moss & Barnett, A Professional Association

  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 Moss & Barnett, A Professional Association

  6. THANK YOU Moss & Barnett, A Professional Association

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