AgdaPkt 2005-09-12 - Laserfiche WebLink

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///-4 THE TEXAS TELECOMMUNICATIONS REFORM MEASURE 15. It requires a statewide franchise holder to: (a) provide a city, upon request, with public, educational, and governmental access chan- nels (PEG Channels) to be operated by the city for noncommercial programming, with certain limitations and restrictions; (b) provide the same number of PEG channels as pro- vided under the existing city cable franchise; and (c) provide to a city without a PEG chan- nel a certain number of them based on popula- tion. 16. It mandates that a city allow a state- wide franchise holder to install, construct, and maintain a communications network in the city's ROWs and prohibit discrimination against providers. 17. It provides that a city may enforce police-power-based regulations in the man- agement of the public ROWs against a state- wide franchise holder to the extent that the regulations are reasonably necessary to protect the health, safety, and welfare of the public. 18. It prohibits a city from requiring a statewide franchise holder to: (a) maintain a business office in the city; (b) obtain bonding or insurance for activities within the city; or (c) pay any fee for a permit to work in the city's ROW, but allows the city to require a state- wide franchise holder to register with the city and maintain a point of contact. 19. It provides that: (a) a city must promptly process any request from a state- wide franchise holder to construct or maintain any facilities in the city's ROW; and (b) a provider may begin work under certain circum- stances without a permit if it notifies the city as promptly as possible after work begins. 20. It provides that the PUC has no juris- diction to review a city's police power regula- tions governing the city's ROWs. 21. It requires a provider to indemnify a city for the negligent acts of the provider while working in the ROW. 22. It prohibits a statewide franchise holder from discriminating against any group of poten- tial residential subscribers based on income in the "local area" in which the group resides. 23. It provides that the state may enforce any of its franchise provisions in a court of compe- tent jurisdiction, and that a city may be a party to such litigation. The bill also: 1. Changes the telecommunications ac- cess line system to require voice over Internet protocol (VOIP) service providers to pay the right-of-way access line fee to cities. 2. Provides that a city does not have juris- diction over broadband over power line (BPL) systems or services, including the rates, opera- tions, or services of an electric utility or trans- mission and distribution utility that are related to providing BPL. 3. Provides that an electric utility may implement BPL under the procedures set forth in the bill, but is not required to do so. 4. Prohibits an electric utility from being penalized for providing or not providing BPL. 5. Authorizes an electric utility to elect to: (a) allow an affiliate to own or operate a BPL system on its electric delivery system; (b) allow an unaffiliated entity to own or operate a BPL system on the utility's electric delivery system; or (c) allow an affiliate or unaffiliated entity to provide Internet service over a BPL system. 6. Provides that the installation of a BPL system on an electric delivery system shall not require the utility or the owner of the BPL system Continued on Page 5 Page 2 of 3 PAGE 4/PRIORITY FOCUS Visit the league's Official Websiteuwww.cacities.org