MHCRC News

News

December 2009 -- Public Hearing -- CABLE TELEVISION FRANCHISE CHANGE OF CONTROL FROM VERIZON NORTHWEST INC. TO FRONTIER COMMUNICATIONS CORPORATION

The MHCRC held a Public Hearing on December 7 on the change of control of Verizon’s local cable franchise agreements to Frontier Communications Corporation.
The Hearing was cablecast live on MetroEast Community Media Channel 29. The Commission invited the public to provide testimony in person during the hearing or in writing by noon Monday, December 7, 2009.
Read the full Notice of Public Hearing

November 2009

MHCRC launches the Your Voice - Our Communications Technology initiative. The Your Voice initiative is seeking the local community’s ideas and thoughts about our current use and future needs for communications technology. The initiative will provide a better understanding of the local communities' needs, desires and vision for the future.

October 2009

In an effort to distribute the Mt. Hood Cable Regulatory Commission’s Preliminary Meeting Agenda in a more efficient manner, reduce costs, and be more environmentally minded, the MHCRC will electronically distribute preliminary agendas beginning in October 2009. To see the Agenda click here.

May 2009

The Mt. Hood Cable Regulatory Commission (MHCRC) on behalf of its member Jurisdictions (the cities of Portland, Gresham, Troutdale, Fairview and Wood Village and Multnomah County) has embarked on an extensive public engagement process to gather information that will aid in the development of a technology plan for the community -- to envision how technology can be best used in our community in order to inform future public policy decision making. For more on this project click here.

March 2009

On March 16, 2009, the Commission unanimously passed Order No. 2009-01 which finds that Verizon violated its cable franchise with Gresham by failing to interconnect and provide the MetroEast Community Media PEG access channels to all Verizon Subscribers on the initial Verizon Service Date (November 26, 2008), as required by the Verizon Gresham Franchise. However, in light of Verizon’s successful completion of the interconnection and provision of the MetroEast Channels to Verizon subscribers on March 4, 2009 (ahead of Verizon’s own internal schedule), the Commission unanimously decided NOT to impose any fines or financial penalties on Verizon in connection with this matter.

House Passes DTV Delay Act

Bill Now Awaits President Obama’s Signature
The House has passed the DTV Delay Act, just days after its first efforts to move the DTV transition date to June 12 failed. The bill, taken up from the Senate after it was passed on unanimous consent, will allow broadcasters to choose to make the transition to all-digital broadcasts before the new June 12 transition date. The bill also permits public safety to begin using vacated spectrum to meet communications needs ahead of the transition date.

January 2009

The MHCRC unanimously voted to schedule a a formal hearing, in accordance with MHCRC Rules of Procedure, for February 23, 2009 in order to make a determination on a potential franchise violation with respect to Verizon’s failure to include MetroEast PEG channels as part of Basic Service when Verizon began offering cable service to subscribers in its Gresham service area on November 25, 2008 (Service Date). (more.)

December 2008

A Florida federal court judge says cable companies there can relocate public, educational and governmental (PEG") access channels to the digital tier if the Federal Communications Commission ("FCC") has deregulated the affected communities as subject to effective competition. https://ecf.flmd.uscourts.gov/doc1/04716360374
A recent report in the Orlando Sentinel described the impact of relocating PEG channels.
http://www.orlandosentinel.com/services/newspaper/printedition/friday/localandstate/orl-tvaccess1208dec12,0,6156669.story - an excellent read.

October 2008 - VERIZON FRANCHISE

The MHCRC approved a recommendation to the Jurisdictions on a Verizon cable services franchise. more.

Media Coverage:
Commissioners set terms for Verizon cable (updated)
by Mike Rogoway, The Oregonian, Friday October 03, 2008
Cable commission to discuss franchise report
By Shannon Wells, The Gresham Outlook, Sep 30, 2008,
Cable TV regulators to vote on Verizon franchise
by Mike Rogoway, The Oregonian, Thursday October 02, 2008

September 2008 - Video coverage of the live public hearing on the proposed franchise with Verizon can be viewed here.

July 2008 - Multnomah County Board of Commissioners approved a cable franchise agreement with Cascade Access. Cascade Access plans to provide cable television to Corbett area residents through Fiber-to-the-Home technology. more.

June 2008 - The Federal Court of Appeals upheld the FCC's authority to set rules for new cable TV competitors to gain local franchises.

Despite local government argument that the FCC was overstepping its authority with passage of its Competitive Video Franchising Order, a federal appeals court Friday upheld the Federal Communications Commission's authority to set rules meant to make it easier for new cable TV competitors to gain local franchises. The FCC made changes to cable franchise rules last year which prevent "local franchising authorities from unreasonably refusing to award competitive cable franchises". Those changes have faced an ongoing battle in court by various city and state franchising agencies which argued that the FCC had usurped their power when changing the rules. The Sixth Circuit Court of Appeals ruled yesterday that the FCC was within its authority to make those changes. (FCC Rule click here; MHCRC Franchising Process click here)

MHCRC Submits Comments in the FCC NPRM on Broadcast Localism

June 2008 -- These comments were submitted by the MHCRC in response to the FCC's Report on Broadcast Localism and Notice of Proposed Rulemaking (the “Report”). Commenters in the Rulemaking raised serious concerns that broadcasters’ efforts, as a general matter, fall far short from what they should be. Specifically, the record indicates that many stations do not engage in the necessary public dialogue as to community needs and interests and that members of the public are not fully aware of the local issue-responsive programming. Against this backdrop, the FCC proposes certain changes to its rules and policies that its purports will promote both localism and diversity. Read comments

Proposed Franchise Agreement with Cascade Access

June 2008 -- The Mt. Hood Cable Regulatory Commission (MHCRC) held a public hearing soliciting comments from the community about the proposed franchise agreement with Cascade Access for cable television services in Corbett, an unincorporated area of Multnomah County. More

In February 2009 TV stations switch to digital broadcasting. Are you ready for the digital transition?

February 2008 -- In one year, 22 million Americans who rely on free over-the-air analog broadcasting -- including many elderly and other vulnerable populations -- will be at risk of losing access to TV, which for many is a primary source of news and emergency information as well as entertainment. [SOURCE: US PIRG press release]

Are you ready
for Digital TV?

Click here to find out what you need to know

MHCRC VOTES TO FINE COMCAST $43,899 FOR
FAILURE TO NOTIFY CUSTOMERS OF OCTOBER ’07 SERVICE CHANGES
MHCRC Preference is that Penalty Amount be Credited on Affected Subscriber Bills

March 2008 -- In connection with failing to adequately notify subscribers of the loss of several cable channels which moved to more expensive digital tiers in October 2007, and as part of an ongoing effort to hold Comcast accountable for its services to more than 150,000 subscribers who live in Multnomah County, the Mt. Hood Cable Regulatory Commission (“MHCRC”) unanimously voted to assess Comcast $43,899 for violating the 30-day customer service notice requirement of franchise agreements overseen by the MHCRC on behalf of Multnomah County and the Cities of Portland, Gresham, Troutdale, Fairview, and Wood Village (“Jurisdictions”). more.

Order 2008-01: Establishing Penalties for Comcast’s Failure to Meet Customer Service Standards re: 30-day Advance Notice To Subscribers for Programming and Channel Changes

April 3 - Comcast penalty payment of $43,899 was received by the MHCRC.

Community Media Leadership Award

In December 2007 the MHCRC recognized Carl Kucharski for oustanding service to the community as Executive Director of Portland Community Media.


Read the MHCRC's recognition letter to Carl.

NW Film Center honors the Mount Hood Cable Regulatory Commission with its 2007 Service To Young Filmmakers Award!

2007 -- NW Film Center bestows this award annually to a local individual or organization in recognition of their outstanding contribution to youth media. Through the Community Access Capital Grant Program (and in the years before), the MHCRC has helped make possible a wide range of outreach activities which cut to the core values of NW Film's efforts: enabling young people to express themselves through media production, and for their work to inform our larger community through cable broadcast and other means. Past winners have included the Regional Arts & Culture Council, the Diack Family Fund and a number of teachers and teaching artists who have made a tremendous difference in the lives of hundreds and thousands of young people.

MHCRC Holds Public Hearing on Proposed Cable Television Services Franchise Agreement with Qwest

July 2007 -- The Mt. Hood Cable Regulatory Commission (MHCRC) held a public hearing soliciting comments from the community about proposed key public benefit components of a franchise agreement with Qwest for cable television services in Portland. Qwest plans to extend its services beyond phone and Internet services to include cable television. Once offered, the service will provide the Portland community with a competitive option to Comcast cable service. more.

MHCRC Files Comments in Response to the FCC Further Notice of Proposed Rulemaking (FNPRM)

April 2007 -- The FCC issued a Further Notice of Proposed Rulemaking (FNPRM) which would extend the Competitive Video Franchising Order to existing cable operators upon renewal. The FNPRM seeks comment on local customer service protections and whether customer service standards should apply to new entrants. Read the MHCRC's Comments. & Reply Comments

MHCRC Jurisdictions Approve Competitive Cable Franchise Application Process

April 2, 2007 -- In light of the FCC Competitive Video Franchising Order, and the need to provide for an orderly process for successfully developing agreeable competitive cable franchises which provide for a level of public benefits commensurate with the benefits provided in incumbent MHCRC-administered cable franchises, the MHCRC has established standardized competitive video franchising information and substantive requirements and an application process with the support of its member Jurisdictions. Local Rule for Competitive Franchising Applications – Why Do We Care?

MHCRC Resolution 2007-02: Recommend MHCRC Jurisdictions approve competitive cable franchise application process specifying application criteria and information required in connection with any franchise application submitted pursuant to §76.41 of the Code of Federal Regulations. CFAR Local Rule as approved by MHCRC Jurisdictions.

APPLY FOR A FRANCHISE

FCC Eases Video Entry For Telecom Companies with its Competitive Video Franchising Order

March 5, 2007 -- The FCC’s Report and Order (“Order”) finds that local franchising authorities have acted unreasonably and delayed competitive entry. It claims to preempt local franchising authority and change the normal franchise process in the following respects, with respect to new applicants:
• time limits for negotiation (“shot clock” and FCC grant of “interim” franchise)
• build-out requirements
• franchise fees, application fees, in-kind benefits
• PEG and I-Net support
• authority over non-cable services and mixed-use facilities

The Order was published in the Federal Register on March 21, 2007, however is subject to approval by the Office of Management and Budget (OMB) before becoming effective. As for effective date of the new application information and the 90/180 day "shot clock" – here’s a brief time line that may change depending on Federal Register publication dates providing all appropriate notices:

March 21, 2007 – publication of FCC 60 day notice for comments on rule
May 21, 2007 – end of comment period; publication in Federal Register of submission of request to OMB for approval
May 21, 2007 - or there after OMB 30 day comment period to commence
June 20, 2007 – earliest date OMB comment period could conclude
July 20, 2007 - deadline for OMB decision
Publication of OMB decision in Federal Register will trigger effective date of rule.

Federal Legislative Update: The Yellow Brick Road...Not

MHCRC staff presents on the current state of Federal Legislation at the Oregon Connections Conference in Newport, OR on October 19, 2006. View the presentation (.pdf)

FCC Notice of Proposed Rulemaking Concerning Franchising Process for New Video Market Entrants (MB Docket No. 05-311) - Feb-Mar 2006

The Federal Communications Commission (FCC) is poised to issue new rules that would mandate how to handle competitive video franchises. Read the MHCRC's Comments and Reply Comments filed in response to the FCC's Notice of Proposed Rulemaking on Competitive Video Franchises.

National Franchise Legislation Introduced - June 2005-present

Companion legislation has been introduced in the House and Senate to establish national franchising. The bills are sponsored by Senators Rockefeller and Smith in the Senate and Representatives Blackburn and Wynn in the House and look to preempt local government authority over new competitive video prodivers.

NATOA Speaks Out: A video documentary explaining the the importance of the local role in the provision of communications in your community through cable franchising. www.natoa.org On June 8th, the U.S. House of Representatives, by a vote of 321-101 passed H.R. 5252, the Communications Opportunity, Promotion and Enhancement Act of 2006 (COPE). In passing this legislation, the House has chosen to support a bill that will destroy local control of telecommunications in our communities, strip local government budgets that support communications services used by police, fire, schools, community media centers and other local government services. The legislation if finally adopted will have a devastating impact on local communities and public interest issues in telecommunications policy. Similar legislation is under consideration in the Senate in the form of S. 2686, titled the Communications, Consumer's Choice, and Broadband Deployment Act of 2006. Neither of these pieces of legislation will serve the public interest of real video choice or of rapid deployment of broadband services at reasonable rates to everyone.

Related Documents:

House Bill Senate Bill League of Oregon Cities
House Bill (.pdf)
Senate Bill (.pdf)

Opposition to Ensign/McCain Senate Bill:

NATOA Opposes Ensign/McCain Legislation S. 1504 (.pdf)
NATOA Action Alert - Oppose S. 1504 (.pdf)
NATOA Letter in Opposition to S. 1504 (.pdf)
Sample Resolution in Opposition to S. 1504 (.pdf)
Alliance for Community Media Opposes National Franchising Legislation (.pdf)

Open Access Debate - June 2005

Supreme Court decides Brand X Case: June 27, 2005. The decision is posted at www.supremecourtus.gov

Chronology of Events (.pdf)

Comcast Rate Changes - Effective March 1, 2006

Comcast Rates Effective March 1, 2006 (.pdf)

Subscriber Privacy

The MHCRC strenuously objected to Comcast’s privacy policy sent to local cable subscribers in April 2003. Subscriber complaints and press coverage helped put pressure on Comcast to revise its policy.

Learn more about Subscriber Privacy

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Mt. Hood Cable
Regulatory Commission

1120 SW Fifth Ave.
Rm 1305
Portland, OR 97204

tel: 503.823.5385
fax: 503.823.5370
email: MHCRC

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1.888.824.8264
www.comcast.com

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1.888.438.3467
www.verizon.net/fiostv

Cascade Access, DBA
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503.659.2202
www.relianceconnects.com