Mark your Calendars! WATOA will be holding its Spring Workshop in Yakima, Tuesday, June 17

High speed internet service is as critical to the success of communities today as are basic utilities including water, sewer and power. Regrettably, a wide spectrum of Washington State residents still cannot obtain the benefits of broadband technology. Two sessions at this workshop will focus on efforts being made by State and local government to enhance wired and wireless broadband access. You will hear from experts about the issues, challenges and political environment surrounding this critically important topic. Another session will be devoted to the digital transition of cable providers and how that transition will likely effect PEG access providers. Presenters will include Tom Robinson, Executive Vice President of CBG Communications which is conducting the Washington State Broadband Technologies Survey; Wil Saunders, Washington State Utilities and Transportation Commission Assistant Director for Telecommunications; Frank Antonovich, Charter Communications Northwest Vice President; Carl Nelson, Chief Information Officer for the City of Edmonds; Tony Perez, Director of the City of Seattle's Office of Cable Communications; and others.

The man honored by NATOA as it's first "Community Broadband Visionary of the Year," will be the keynote speaker at the WATOA Spring Workshop in Yakima, June 17th. The 2007 NATOA award credited Jim Baller for "almost single-handedly putting the issue of the need for a national broadband strategy to the forefront of public consciousness." The luncheon address will give attendees the global picture of the lead issue being discussed at the workshop. Other speakers during the day will focus on the broadband strategy on a statewide basis and locally in Washington cities and counties. Jim Baller is a Senior Principal of the Baller Herbst Law Group, a national law firm based in Washington, DC, and Minneapolis.

Download the Conference Flyer for more information, or contact WATOA President Bill Oltman, at boltman@co.pierce.wa.us.

FCC Issues Preliminary Rules Expanding Media Ownership

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FCC Second Report and Order

On November 6, the FCC approved a Second Report and Order providing new regulations on local video franchising for both traditional video providers such as Comcast Corp. and Time Warner Cable, and for new entrants in the video market such as AT&T Inc. and Verizon Communications Inc. The Second Report extends a number of the rules issued in the First Report and Order earlier this year for new entrants to traditional cable providers. The Order is expected to go into effect on December 24, 2007.

The FCC made clear in the Second Report and Order that the build out rulings and the “shot clock” rule (which establishes a limit on the time local governments will have to approve franchise agreements) will not apply. However, rulings on franchise fees, PEG, and most but not all of the rules related I-Nets will apply to cable companies. Acknowledging that existing franchises with cable companies involve contractual obligations, the FCC indicated that cable operators may not unilaterally breach these obligations and that each situation must be assessed on a case by case basis under applicable law to determine whether the FCC’s statutory interpretation should alter the incumbent’s franchise agreement. The question of retroactive relief for cable contributions such as I-Nets, cable drops, etc. was also not entirely clarified.

Over all, a number of questions remain unanswered, but here are highlights:

• On mixed use networks, local franchises can only regulate Title VI cable services.


• Franchise fees cannot be required on revenues from non-cable services.
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  “Non-Incidental charges.” The term “incidental” should be limited to the list of incidentals in the statutory provision, as well as other minor expenses – fees charged by franchising authorities that are not “incidental” must count toward the 5 percent franchise fee cap.


• Any municipal projects requested by LFAs unrelated to the provision of cable services that do not fall within the exempted categories in Section 622(g)(2) are subject to the statutory 5 percent franchise fee cap.


• Payments made to support the operation of PEG access facilities are considered franchise fees and are subject to the 5 percent cap, unless they are for capital costs.

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Content contact: Tony Perez
Last update: December 10, 2007