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Cleveland City Council
Katherine Bulava Samsa, Media Relations Manager
(216) 857-7362
 
 
Councilman Matt Zone to testify before the Ohio Senate in opposition to SB 117
 
 
Councilman Matt Zone, Chair of the Cleveland City Council Public Utilities Committee, will testify before the Ohio Senate Energy and Public Utilities Committee in Columbus at 4 pm today, April 24, 2007 in opposition to SB 117.

SB 117 abolishes the City’s Home Rule right to manage the use of its public rights-of-way.  As the public rights-of-way become increasingly crowded with utility infrastructure to provide both new and traditional services to the City’s residents, this Hone Rule right is increasingly more important.  While the City welcomes the delivery of new services, it is imperative that the City retain its power to oversee and regulate how that infrastructure is deployed in its rights-of-way.

“The rush to bring the benefits of new services must be tempered with careful analysis and balancing of the different interests involved,” said Councilman Zone.  “SB 117, as introduced, would serve the best interests of new video providers and incumbent cable operators at the expense of local governments that, in many cases, are best suited to protect the interests of the public.” 

SB 117 abolishes the current Federal franchising system, which grants the City regulatory power over utilities and requires the City consent to use the public rights-of-way.  Under S.B. 117, the City has no authority to deny its consent, even for reasons related to a video service provider's legal, technical and managerial qualifications.  SB 117 further permits an incumbent service provider to opt-out of its negotiated contract with the City, even if no competition exists.

“The City of Cleveland is deeply committed to closing the digital divide and increasing the broadband services available to all City residents,” said Councilman Zone.  “S.B. 117 directly contradicts this mission and would have a destabilizing effect on Cleveland’s neighborhoods for decades to come.”

SB 117 permits a new service provider to “cherry-pick” the neighborhoods it chooses to serve, leaving the City with no authority to protect the interests of its residents who are left behind. One of the most significant aspects of the traditional local franchising system is the City’s right to impose reasonable requirements that a cable operator “build-out” its system so that all City residents receive access to advanced communications services and entertainment products.

“In order to protect the rights of the citizens of Cleveland and Ohio, the Senate should not rush into the passage of such a damaging bill,” said Councilman Zone.
 
 
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