ORDER-2019-33 : A Resolution Supporting the Massachusetts Municipal Association’s Comment Letter to the Federal Communications Commission Regarding Franchise Fees

Transcript (~7 min @ 17:41)

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▶ 17:40 Speaker 2: will be sent to the legal and legislative committee order 2019-33 a resolution supporting the massachusetts municipal association's comment letter to the federal communications commission

▶ 17:52 Peter D. Mortimer: regarding franchise fees mr president i request immediate consideration alderman mortimer seeks

▶ 17:56 Michael P. Zwirko: immediate consideration of order 2019-33 is there an objection you may proceed mr president i make

▶ 18:03 Peter D. Mortimer: a motion to suspend the rules that we may read the resolution we're still under suspension from

▶ 18:18 Michael P. Zwirko: earlier you could come up into the roster yes sir just a little background on this order uh for for those not only here but watching at home. On Friday, September 14, the Federal Communications

▶ 18:26 Speaker 4: Commission initially published its intention

▶ 18:29 Michael P. Zwirko: of a rule modification that would harm funding for public, educational, and governmental channels. In addition to that change, the FCC further proposed to strip local authorities of the ability to regulate cable operators' access to public use of rights of way. Should these modifications go forward, as proposed,

▶ 18:46 Speaker 5: it could have significant impact on the funding

▶ 18:49 Michael P. Zwirko: sources for our very own MMTV going forward as well as this body's ability to regulate enhancements to our own rights of way this is a wholesale change of doing business since 1984 to that end I seek this resolution so that we the

▶ 19:05 Speaker 5: Board of Aldermen for the city of Melrose place our reply comments on

▶ 19:08 Michael P. Zwirko: record with the FCC in agreement with the Massachusetts Municipal Association's letter dated November 2nd 2018 of the same in their letter they wrote, quote, we strenuously oppose the proposed rule changes and we urge you to reconsider and then reject these proposals. We ask you to safeguard the public interest by maintaining the current franchise fee structure and honoring the authority of cities and towns to control the rights, the public rights of way. Approval of this resolution will cause a copy to be filed with the FCC by the necessary December 14th deadline by our city clerk. Thank you very much, Presidents

▶ 19:41 Peter D. Mortimer: Michael Zwirko, members of the Board of Aldermen, our City Clerk, and Clerk of Committees. This is a copy of the resolution offered by President Michael Zwirko and I, because MMTV is in Ward 6. Whereas, since 1984, when the Cable Franchise Policy and Communications Act became law, U.S. cable companies have been required to fund local organizations to provide training and access to media technology and cable distribution on the local cable systems, and whereas the Federal Communications Commission has proposed changes that will disrupt franchise fee collection and additionally the proposal will remove power from local government authorities to to regulate the rights of way when providing non-cable services, and whereas the Melrose Mass Television Inc., also known as MMTV, is the local public access cable provider for public educational and governmental content, which is the subject of the FCC's proposed changes, and whereas franchise fees, which are currently collected from cable TV subscribers, necessary and required governmental and community programs for Melrose seeking to offset the franchise fee through a proposed in-kind order will weaken the funding sources for MMTV, and whereas on November 2, 2018, the Massachusetts Municipal Association submitted a comment letter to the FCC citing their grave concerns regarding the FCC's proposal. Further, the Massachusetts Municipal Association stated that the inclusion of in-kind franchise requirements would ultimately drain the desperately needed funding resources for PEG access providers and whereas the FCC's proposal also seeks to allow certain cable operators to bypass local regulation and construct facilities, infrastructure, and equipment within public right-of-way without compensation and whereas the FCC has stated that these proposals seek to promote competition by fostering parity which will increase the number of providers in a community however Melrose currently hosts a competitive cable environment with two providers and has successfully negotiated favorable terms with each that directly benefit its residents and and have enhanced MMTV's production and operations. And whereas, in supporting the MMA's comment letter, the Melrose Board of Aldermen strenuously opposes the FCC proposed changes on franchise fees and preemption on use of the right-of-way and respectfully requests the FCC to reconsider its position and reject its proposal. and therefore be it resolved that we the members of the board of aldermen of melrose have approved this resolution as a formal reply comment which is required letter in support of the mma's comment letter dated november 2nd 2018 direct the city clerk to submit this resolution to the FCC by its December 14, 2018 deadline. Basically the FCC is coming in and trying to muscle Melrose, cut us out of some money, and tell us how to run our own cable networks. And we're doing a very good job of it here at the local level. So it's bad news. It's bad news for us, and it's bad news for the people of Melrose. And I really applaud President Zwirko for submitting this. He was the progenitor of this, and he made sure that we got it in by the deadline of December 14th thank you very much thank you president's worker thank you at this time the chair would

▶ 23:51 Michael P. Zwirko: entertain a motion to place this order on file with the caveat that the clerk submit this under the december 14th deadline as proposed so moved second second that has that motion has been uh offered by alderman forbes that has been seconded by alderman medeiros on discussion all those in favor aye any opposed that order is now placed on file order 2 0 1 9 dash 3 4

▶ 24:19 Speaker 2: amending Melrose revised ordinances to add chapter 2 2 2 article 4 shared