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Industry Opposes Maine Video Franchise Bill

Several Maine localities and legislators from both parties backed a state bill meant to support public access TV by requiring IPTV operators to obtain individual video franchise agreements with municipalities. Video providers lined up against the bill at a Joint…

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Energy, Utilities and Technologies Committee hearing streamed Tuesday. Rep. Christopher Kessler (D) said his LD-920 brings IPTV and cable operators under Maine Public Utilities Commission jurisdiction and “formalizes the notion that they are, in essence, public utilities.” Sen. Lisa Keim (R) said supporting public access TV is “imperative” because it amplifies local perspectives and allows free expression under the First Amendment. Rep. Melanie Sachs (D) and Sen. Joe Rafferty (D) also supported the bill. The Telecommunications Association of Maine opposes LD-920, said counsel Benjamin Sanborn, calling it "a way to say we do not want investment in rural Maine and we do not want IPTV.” Broadband providers lose money on selling video but do it as incentive to get people to buy fiber services, he said. LD-920 would increase what customers pay, increase competitive disparities and ignore existing local agreements, said Comcast Maine Vice President-Government Affairs Chris Hodgdon. Dish Network and subsidiary Sling shouldn’t have to pay franchise fees because neither use local right of way, said Orrick Herrington attorney Damon Stewart, opposing the bill. "Satellite companies have never paid franchise fees for the right to place cable in the right of way because they don't have any.” Kessler said his intent isn’t to include streaming companies. The Maine PUC has no position but refers to the bill as “the bigger boat bill” because increased authority would require significantly more staff, said PUC legislative liaison Garrett Corbin. Impact would be less if the PUC didn’t have to review customer complaints, he said. The committee heard testimony earlier Tuesday on a robocalls bill (LD-1130) to set up a public registry for automated phone calls. The Maine PUC doesn’t oppose the bill but isn’t sure the state has jurisdiction to enforce it, including because the FCC is working on the issue nationally and since many calls come from out of state or internationally, said Corbin.