Items related to SB 5 are on the agenda for the next Open Meeting of the Public Utility Commission of Texas.

PUBLIC UTILITY COMMISSION OF TEXAS
OPEN MEETING AGENDA
FRIDAY, DECEMBER 1, 2006, 9:30 A.M.
Commissioners' Hearing Room
7th Floor, William B. Travis Building

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Portions of the agenda concerning SB 5:

6. Project No. 32529 - Report to the 80th Legislature on the Scope of Competition in Telecommunications Markets of Texas. (Discussion and possible action) Marshall Adair, Randy Klaus, Selena Caldera

7. Project No. 33004 - PUC Rulemaking Proceeding to Implement SB 5 Amendments to Local Government Code Chapter 283 and to Address the Redefinition of Access Line Pursuant to Local Government Code Chapter 283.003. (Proposal for Adoption) Mark Hallmark and Meena Thomas

9. Project No. 32229 - Plan for Implementing SB 5. (Discussion and possible action) Pam Whittington and Marshall Adair

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For background documents (including the Report to the 80th Legislature) go to the
PUC Filing Locator and type in a project number listed above.

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An excerpt from Report to the 80th Legislature on the Scope of Competition in Telecommunications Markets of Texas discusses Statewide Video Franchises on page 5:

b. Statewide Video Franchises

Provisions of Senate Bill 5 specified the certification criteria for a CFA to provide cable and/or video services in the state and required certificate holders to report certain information as well. On May 16, 2006, the Commission adopted a new Substantive Rule detailing these criteria and requirements. This ability to obtain a statewide certificate makes it easier for incumbent telephone companies to enter the video market statewide. After entering the video market, the telephone companies will be able to offer a “triple play” of bundled services (voice, data, video) more readily and thus be in competition with the cable companies’ “triple play.” Statewide certificates also benefit cable companies since they too can obtain statewide certificates after the expiration of their current franchises. As of October 2006, there were 34 new CFAs issued and two new CFA applications pending.

The Commission’s authority to resolve customer service complaints about cable and video providers operating under CFAs is unclear. PURA § 66.008 specifies that the Commission has no jurisdiction to process complaints in local markets where two or more non-satellite providers offer video service. However, in markets where the incumbent cable company has replaced an expiring municipal franchise with a new CFA, the municipality is no longer the franchise authority and it is unclear who has jurisdiction to process customer complaints. The Commission concluded at its April 13, 2006, Open Meeting that it does not possess clear authority to address these complaints

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For a list of already issued state-wide franchises see:
State-Issued Certificate of Franchise Authority Directory

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