Background on TV Franchising

The Communications Act of 1934 delegates to Local Franchising Authorities – local municipalities and cities – the power to assure that franchised cable operators serve subscribers at all income levels. If a cable television provider is granted a franchise by a local municipality, the franchise agreement requires them to build out and serve the entire area on a non-discriminatory basis.

The Communications Opportunity, Promotion and Enhancement (COPE) Act

(H.R. 5252)

Supporters of the recently introduced Communications Opportunity, Promotion, and Enhancement (COPE) Act claim that the bill will provide more competition in cable services. However, as written, the legislation allows the new companies to self select the areas where they will provide competition and new services and does not ensure that competition will be deployed in a non-discriminatory manner. There is also concern that this legislation would permit Internet service providers to restrict consumers’ access to lawful content, thus jeopardizing the free flow of information and communication over the Net.

Congressman Becerra is carefully reviewing the language of the COPE bill to ensure that the benefits of competition are extended to as many communities as possible, and that the Internet is preserved as a public space free from manipulation by service providers.

Read the letter from Congressional Hispanic Caucus members, including Congressman Becerra, to Chairman Joe Barton of the Energy and Commerce Committee, and Ranking Member John Dingell urging them to safeguard the principles of universal service and non-discrimination in America’s telecommunications policy.

UPDATE: Congressman Becerra voted No on the COPE Act (HR.5252) after determining that the bill lacked adequate protections against discriminatory practices by cable and internet service providers.