UPDATED 6:10 P.M. The Senate Commerce Committee this afternoon passed counterpart Senate Bill 1933 this afternoon, 6 ayes, 3 nays. AT&T Spokesman Ted Wagnon later told NashvillePost.com that AT&T is still studying Rep. Curtiss' proposal, reported below. AT&T President Marty Dickens issued a statement that was silent on the Curtiss proposal, and which accused opponents of the bill of running a "misinformation campaign." Cable advocates have not yet taken a position on Curtiss' bill. Earlier today, Cable distributed a statement from Consumers Union, urging defeat of AT&T-sponsored legislation. More below.
As originally posted:
He was good as his word: Rep. Charles Curtiss had for weeks been warning the House Commerce Committee he chairs that if the team did not in his view gain enough yardage in resolving the contentious video-franchise reform bill — creating a "level playing field" for all parties — he'd take action.
Today, the Sparta Democrat introduced his proposal to enact statewide video franchising by entrusting local governments' rights and interests to a proposed Tennessee Cable and Video Service Authority, which would be chaired by the chairman of the Tennessee Regulatory Authority.
Curtiss explained he'd recently worked with the Tennessee Municipal League and the Tennessee County Services Association to craft his broad amendment.
Curtiss told his committee this morning that he is as "confounded" as others say they are by the obstinance and bargaining positions of some of the lobbies and elected officials battling over this bill.
Curtiss said that despite a series of committee hearings and outside negotiations, "we ain't doin' real hot at [developing viable legislation], to be honest with you."
Rep. Steve McDaniel (R-Parkers Crossroads), one of the original supporters of legislation sought by AT&T, bluntly told Curtiss that he had only learned of Curtiss' bill yesterday, and that he would prefer to continue working on the welter of amendments to the original legislation.
Nonetheless, Curtiss confirmed for NashvillePost.com this afternoon that he tentatively plans to reconvene the Commerce Committee tomorrow afternoon, with the intention of voting on the franchise issue.
The Commerce Committee has been plowing relentlessly through nearly 40 proposed amendments, and tempers seemed to be fraying, as they have periodically, during this morning's discussions.
Rep. John DeBerry (D-Memphis) seemed to express resentment regarding AT&T's posture, when he reacted to AT&T's repeated warnings that the company will not invest in video-services for Tennessee if the Assembly produces a bill it finds unacceptable.
DeBerry said, "AT&T is a giant and that is a veiled threat." He chided AT&T for bringing the issue before the legislature, and then complaining that wary legislators are, as Jones put it, "meddling" in AT&T's business by insisting on addressing the concerns of such groups as cities and towns that fear losing control and revenue.
ADDED 4:25 P.M. - AT&T Tennessee President Marty Dickens touted this afternoon's Senate Commerce Committee's 6-3 vote in favor of the existing bill, and described the company's preferred legislation as "the consumer choice bill." Pro-Cable advocates meanwhile distributed a statement dated March 16 from a coalition of consumer groups, in which Consumers Union and others warned the original bill would not avert discriminatory pricing and "would do more harm than good."
Other flashpoints have included under-service to rural areas, mistrust regarding service to communities with sparse population or lower household income, threats to local-government revenue and control of access to rights-of-way.
Opposing forces have often invoked such mantras as "competition", "access," "discrimination," "elitism" and "consumerism" to legitimize the gamut of opinion.
The proposed authority would have six members appointed by the state's cities; six appointed by the counties; plus, the chairman of the TRA and representatives from the offices of both the state's comptroller and commissioner of economic and community development.
Curtiss' amendment also rolls into one package a host of amendments proffered in previous deliberations, including investigation of franchise applicants; enforcement of build-out and anti-discrimination criteria; efforts to assure customer satisfaction; reporting on changes in levels of competition among providers; and, a portfolio of local government authority for audits, control of rights of way, negotiated fees and other items.
The amended bill would also afford incumbent cable-television franchisees the option of exiting their current contracts in order to operate under a single state franchise. By one estimate, there may currently be 600 or more contracts in force, serving 400 or more Tennessee towns, cities and counties.
Curtiss and State and Local Government Committee Chairman Ulysses Jones have scheduled a joint meeting of their committees for early Wednesday morning, for the sole purpose of discussing Curtiss' amendment.
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