Negotiating Cable Franchise Agreements and Renewals: Guidance for Municipal Attorneys

Description

Under federal law, cable providers must have a franchise agreement with a local government (also known as a “local franchising authority”) to operate its cable system. Franchise agreements allow providers to operate a cable system in the public rights-of-way in return for certain benefits to the local government. These benefits include the payment of franchise fees, compliance with customer service standards, right-of-way protections, government access channels, franchise grants, free services, and possible upgrade of the cable system. Many municipalities have long-term franchise agreements in place with cable providers that are approaching renewal.

Municipal attorneys negotiating cable franchise agreements and renewals must navigate myriad legal and technical issues, including cable provider build-out obligations, avoiding economic redlining, ensuring franchise fee accountability, expanding institutional networks (I-Nets), requiring enhanced channel capacity for public, educational and government access (PEG) channels, and insisting that level playing field requirements don’t undermine cable competition. Counsel must also understand the interplay between federal, state and local laws regulating cable franchises.

Listen as our authoritative panel discusses the latest developments in cable TV franchise agreements, and considerations and best practices when negotiating cable franchising agreements and renewals.