LOCAL GOVERNMENT Local Government Cable Fair Competition: Require Public Cable Service Providers to Conduct Cost-Benefit Analysis and Hold a Public Hearing Prior to Entering the Cable Service Market; Provide for Cost Accounting and Allocation and Prohibit Cross- Subsidization; Impose Fairness Requirements on Public Providers Regarding Franchise Agreements, Conditions of Access to Public Property, and Price or Rate Charged for the Cable Services; Provide for Applicability of Open Meetings Laws; Subject Local Governments Acting as Cable Service Providers to Antitrust Liability

Authors

Michael E. Eisenstadt

Document Type

Peach Sheet

Abstract

The Act requires public providers of cable television services to conduct a three-year cost-benefit analysis and hold at least one public hearing before they can deliver cable service in an area. Public providers must prepare and maintain proper records of the full cost accounting of providing their service in the same manner required from a private provider. A public provider may use capital from its general funds to finance its service, provided it allocates these funds in the calculation of its capital cost; it may not cross-subsidize its cable operation by using other funds and resources available to it without proper cost allocation. A public provider must add the fees that it charges private providers into its total costs. A public provider, acting by itself or through a franchising authority under its control, shall not grant itself terms more favorable than those imposed on any private provider within the same jurisdiction, including local regulations or transfer, modification or franchise renewal terms. A public provider shall offer its cable service at a price equal to or greater than the price of comparable competing private providers or equal to or greater than its total costs, unless state or federal law requires such service to be subsidized. All meetings and records of public cable service providers are subject to Georgia public records and public meetings laws. Public providers of cable services are not immune from antitrust liability.

Recommended Citation

Michael E. Eisenstadt, LOCAL GOVERNMENT Local Government Cable Fair Competition: Require Public Cable Service Providers to Conduct Cost-Benefit Analysis and Hold a Public Hearing Prior to Entering the Cable Service Market; Provide for Cost Accounting and Allocation and Prohibit Cross- Subsidization; Impose Fairness Requirements on Public Providers Regarding Franchise Agreements, Conditions of Access to Public Property, and Price or Rate Charged for the Cable Services; Provide for Applicability of Open Meetings Laws; Subject Local Governments Acting as Cable Service Providers to Antitrust Liability, 16 Ga. St. U. L. Rev. (1999).
Available at: https://readingroom.law.gsu.edu/gsulr/vol16/iss1/19