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CPUC Assigned Commissioner Rochelle Chong proposes implementing regulations for Digital Infrastructure and Video Competition Act of 2006 (DIVCA); "utility watchdog" TURN says these rules subjugate consumer interests to "anyone capable of filling out an application"

California Politics Today #682

San Francisco, California
February 3, 2007

By Marc Strassman
Executive Producer
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California Public Utilities Commissioner and Assigned DIVCA rulemaker Rochelle Chong


California Public Utilities Commissioner Rochelle Chong proposes rules to implement AB2987, the "Digital Infrastructure and Video Competition Act of 2006"

On September 29, 2006, California Governor Arnold Schwarzenegger signed into law AB2987, the "Digital Infrastructure and Video Competition Act of 2006" (DIVCA). This legislation establishes a system of "state-issued authorizations" (SIAs) in place of local, municipal cable franchises.

The Associated Press reported that day that:

"Telephone companies can dive into California's $5.3 billion-a-year cable TV industry under a law signed Friday by Gov. Arnold Schwarzenegger. He said the measure, backed by millions of dollars in corporate contributions, will offer consumers better service and lower prices."

On October 5, 2006, the California Public Utilities Commission (CPUC) filed an "Order Instituting Rulemaking" to implement in regulations the changes in cable franchising law mandated by DIVCA.

On January 16, 2007, CPUC Assigned Commissioner Rochelle Chong, the official responsible for drafting the implementing regulations for DIVCA, issued and sent to "parties of record in rulemaking 06-10-005" her proposed decision as to what these regulations should be .

You can access a copy of that proposed set of regulations governing digital infrastructure and video competition in the State of California by clicking here. You can access a copy of the original AB2987 upon which these regulations are based and other appendices to the proposed regulations by clicking here.

what happens next?

As stated in the CPUC's "Frequently Asked Questions--Video Franchising Proposed Decision, January 16, 2007":

"The first meeting at which the Commission can discuss and vote on the video franchising Proposed Decision by Assigned Commissioner Rachelle Chong is February 15, 2007. By statute, the Commission has until April 2007 to implement the video franchising law."

another party heard from

Not everyone is happy with these proposed regulations. In a November 6, 2006, press release entitled the self-described "utility watchdog" TURN goes on record saying that:

"Video Franchise Rulemaking: Spearheaded by Schwarzenegger appointee Rochelle Chong, the CPUC's proposals to institute AB 2987 ignore key statutory provisions designed to protect consumers in favor of a minimal set of rules intended to facilitate the rubber-stamping of franchises to anyone capable of filling out an application.

"While the Commission turns its back on consumers, AT&T has opened its wallet for the Governor.  AT&T and its affiliate, Cingular [after the recent FCC approval of AT&T's acquisition of Bell South, now part of AT&T], have given over $200,000 to his campaign."

TURN prefaced these comments by saying that the much-lauded-for-his-moderation Republican California Chief Executive's

"...California Public Utilities Commission (CPUC) appointees have presided over the most brutal attacks on consumer protections in the organization's 30-year history, and accused the Governor of repeatedly bowing to the wishes of his biggest political donors with devastating results for consumers.  TURN said the traditionally independent agency has become increasingly partisan under Schwarzenegger, ignoring its mandate to protect utility customers."

watch in-depth interviews with major players in the passage of DIVCA on the DIVCA Channel

You can watch and listen to interviews with many of the government officials and telecommunications company executives involved in the passage of the Digital Infrastructure and Video Competition Act of 2006 on the DIVCA Channel below.



You can syndicate the DIVCA Channel to any additional web page of your choosing by clicking here.

 



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