Cable industry representatives have been on campaign to convince ...
Cable industry representatives have been on campaign to convince FCC not to allow local franchise authorities to tax or otherwise regulate cable modem services. Commission is widely expected to announce proposal to classify cable modems as “information service,” rather…
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than “telecom” or “cable service,” at its March 14 meeting. With that in mind, cable industry also wants to make sure FCC’s conclusions don’t result in imposition of taxes and other fees on Internet services over cable. In last few weeks, representatives of Adelphia, AT&T Broadband, Charter, Cox and NCTA have visited with media advisers of commissioners, all calling for agency to somehow restrain local franchise authorities (LFAs) from regulating Internet-over-cable. Among Adelphia’s talking points was idea that there should be no “forced access.” Charter’s list included notion that no franchise could overrule existing federal law that forbids LFAs from regulating information services on cable. NCTA asked FCC specifically to declare cable modem to be interstate service and that there was no retroactive refund liability for previously collected franchise fees on cable modem service. Related issue came up during FCC Comr. Abernathy’s appearance at USTA conference Thurs. Member of audience asked whether proposal to define wireline Internet access as information service would encourage local authorities to assess franchise fees on DSL provision. Abernathy said she didn’t think information services definition would have that effect and “that’s not my intention.” She told group that “if you need special words [to make that view clear to local authorities], I'd like to hear about it from you.” Her comments, however, appeared limited to DSL provision.