RESOLUTION NO. RS2005-1065
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:
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
|Referred:||Budget & Finance Committee|
|Introduced:||November 15, 2005|
|Adopted:||November 15, 2005|
|Returned Unsigned by Mayor:||November 16, 2005|