HomeMy WebLinkAboutLetter from the ctany July 29, 2005.PDF*"-S"t\h t
ft flie cabre Terecomntunications Association of New york, Inc,
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RICHARD F. ATTERI
President G ceo
July 29, 2005
The Honorable Walter LYnn
Village of CaYuga Heights
836 Hanshaw Road
Ithaca, NY 14850
Dear MaYor LYnn:
Recentlyourorganizationtogetherwithmorethanl20NewYork
municipalities became"concerned 1n1-1n u legal issue concerning the cable
franchising pro..rr. Together, we petitionld tne,s!91. Public seruice
commission to determini whether ierizon-which is building its Fiber to the
Premises (F[TP) networf. in some New York communities-needs to negotiate
and obtain a cable franchise prior to commencing construction of such a
network.
our joint petition stated correctly that both federal and state law require
obtaining cable franchises priorfo nuiiding a cable W system' Verizon had
stated publicly that the FTTp netw;rk;ui b.ing built to provide, among other
offerings, video seruices. Verizon;;gGd to !h; Public Seruice Commission that
the FTTP network was an upgrade of"itt telephone network and' because they
alrr:ady possessed a franchis. rot tJ.pnone seruice, there was no need to obtain
a cable franchise until they offereOiible service' Thus' the case centered on the
narrow tegat issue or "*u.tty
whena cable franchise is required'
Ultimately, the Public seruice commission ruled that Verizon did not need
to obtain a cable'franchise while.onrtiuaing its FTTP network. However, the
decision made clear that when veriron seeki to offer cabre seruice or instails
equipment exclusive to cable t.*i.., " 9"P19 franchise will be required
before ttre seruice is offered. lni, decision is a significant victory for New
yqrk's local governments because it reaffirms municipiljurisdiction,of the local
rights of way, ,ph;ffi ir..|. r..rr rranchising process, and provldes clear
regulatory Procedures.
.r=,:.,..:: i18+63-6616 . i:rr: i18463-0i74 ' 80 State Street ' TenthFloo* Albanv' Nes'York 12201 ' c-rr*ii: rfa@mcapr'com