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AT&T Broadband told at least one city it’s backing out of its pro...

AT&T Broadband told at least one city it’s backing out of its proposal for waiver of franchise fee on cable modem service in light of court ruling that high-speed Internet offering is telecom service (CD Jan 29 p9). Portland,…

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Ore., official said company informally told city that it wouldn’t push for waiver of cable modem fees. Company had written to cities in 9th U.S. Appeals Court, San Francisco, jurisdiction asking them to either waive franchise fees or sign agreement acknowledging “the potential refund liability and agreeing to offset AT&T Broadband’s future franchise fees.” With Feb. 15 deadline for cities to respond passing, AT&T spokesman said company would continue to collect franchise fees and pass cost on to customers: “There is no change in our behavior.” He declined to provide details of cities’ responses or number of cities that had agreed to fee waiver. Michael Stover, asst. mgr. of Lakewood City, Cal., which had warned AT&T that withholding franchise fees would put its franchise in jeopardy, said he hadn’t received formal response from AT&T but “the grapevine has it that the company has retracted.” Meanwhile, Cox, which had notified 9th Circuit cities that it intended to stop collecting franchise fees, ceased collection in Nov., spokeswoman said.