Title
House Bill 1199 - Consumer Choice Act of 2006 aka Traviesa Bill (B)
The Florida Legislature has before it a bill which would eliminate local governments' rights to franchise cable video providers, would eliminate all buildout requirements for new entrants, would eliminate PEG access in virtually all markets in Florida, and would endanger all existing franchises by treating new entrants preferentially.
Explanation
Representative Trey Traviesa (R- Tampa) has introduced a bill into the House, which would eliminate local governments' role in franchising of cable operations. There is a place-marker bill in the Senate as well. The Department of State would be the franchising authority with power to issue state-wide franchises to any and all applicants. There are no screening requirements for approval, and the mandatory time limitations for review essentially eliminate analytical review of applicants. Local governments could not require PEG access from new entrants, except in very limited circumstances likely limited to two or three markets in Florida. The bill establishes no provision for resolution of customer service or other complaints other than the statewide consumer hotline. By treating new entrants preferentially, the bill may cause local governments receiving PEG financial support and other provisions (free service to government and school buildings, for instance) to be in violation of the level playing field provisions of the federal Telecommunications Act of 1996. As a result, all incumbent providers would have a cause of action under those provisions, jeopardizing such existing cable agreements.
Fiscal Note
If the City's current contract with Cox Cable were no longer in force, the City would lose its remaining PEG support of $191,100 ($127,400 due August 1, 2006 and $63,700 due August 1, 2007) and its share of the $250,000 third-channel contingency funding (approximately $150,000). In addition, if the City had to pay for cable ...
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