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+--- Thread: is it legal for a jurisdiction to restrict cable carriers (TV, net)? (/showthread.php?tid=69287)
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is it legal for a jurisdiction to restrict cable carriers (TV, net)? - mrbigstuff - 12-29-2008
I'm asking a serious question in this regard. If you have a situation where all of the neighboring towns have a choice of service (no matter what one thinks of the choices) and a town in the middle has no choice but the service is obviously available, is that considered a violation of one's access to information?
Do any of you have this sort of situation currently and what do you know about it?
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - lafinfil - 12-29-2008
I'm guessing that it is legal although that doesn't make it right.
Our town has always had a single cable operator but there is oversight by the city council on things like
raising rates and other issues. Frankly I don't think that it has worked to the consumers advantage.
The city of the years has gotten things like public access channels and one year the cable company
installed a camera system in city hall so the council meeting can be broadcast (wheeee!)
Meanwhile the rates goes up and the channel selection goes down. Probably less of an issue now, since there
are many other options (satellite, DSL Fiber, etc ...)
You probably could get a definitive answer from your states utility regulation agency
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - Doc - 12-29-2008
> is that considered a violation of one's access to information?
No.
Until very recently, most towns kept the cable and phone franchises to one single operation each in order to prevent over-building and because the theory was that providers would not want to do business in small towns without being granted monopolies.
That's slowly changing, but many single-town-single-franchise deals still remain.
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - rjmacs - 12-29-2008
mrbigstuff wrote:
is that considered a violation of one's access to information?
This is legal. You don't have a right to "access to information." Rights to free expression can be asserted by the speaker, writer, artist, etc. and usually only when specific content is being restricted or censored. Also, individual rights can always be abrogated in the name of the public interest, if the restrictions are not discriminatory (as defined by law) and the government's interest is compelling (as determined by judicial interpretation).
You do have a right to petition your local government for redress of this grievance, however. For example, you could run for local council/board on a platform that includes opening TV/net franchising to competition. If your neighbors are as unhappy about this as you are, you could win and change the law. The key here is that it requires your engagement and effort - that's what participatory civilian governance is all about.
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - ADent - 12-29-2008
You have to have access to OTA sources - such as terrestrial TV and satellite TV. There is an FCC rule that prohibits ban on antennas for such services.
I know apartments can require you to get their cable service (no other), but they still have to allow satellite (provided it does not damage the units and such).
I think HOA's can subsribe to a single service and make everybody pay for it. But again they can't prohibit you from subscribing to DirecTV and your paying the DirecTV fee (in addition to the HOA provided service fee).
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - mattkime - 12-29-2008
whatever it is, its corrupt.
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - kap - 12-29-2008
lafinfil wrote:
I'm guessing that it is legal although that doesn't make it right.
That's right!
We wanted to quit Verizon. We moved to a neighboring city. And they followed us!
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - Robert M - 12-29-2008
Hi everyone,
Legal or not, it feels like Cablevision has a monopoly here on Long Island. If I want cable TV, Cablevision is the only provider in my area. Timewarner? Nope. Verizon FIOS TV? Eventually. I could get satellite TV from either Dish or DirectTV, but they aren't cost effective. To me, they aren't competing with Cablevision because they do not offer the same level of service. Same goes for watching TV via the Internet. So, the only real alternative to Cablevision is over the air channels and they simply don't cut it on any level.
Robert
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - Racer X - 12-29-2008
lafinfil wrote:
I'm guessing that it is legal although that doesn't make it right.
Our town has always had a single cable operator but there is oversight by the city council on things like
raising rates and other issues. Frankly I don't think that it has worked to the consumers advantage.
The city of the years has gotten things like public access channels and one year the cable company
installed a camera system in city hall so the council meeting can be broadcast (wheeee!)
Meanwhile the rates goes up and the channel selection goes down. Probably less of an issue now, since there
are many other options (satellite, DSL Fiber, etc ...)
You probably could get a definitive answer from your states utility regulation agency
Seattle is like this. Since there is always the option for a sat dish, they can't be defined as a monopoly.
Re: is it legal for a jurisdiction to restrict cable carriers (TV, net)? - C(-)ris - 12-30-2008
Robert M wrote:
I could get satellite TV from either Dish or DirectTV, but they aren't cost effective. To me, they aren't competing with Cablevision because they do not offer the same level of service.
Robert
Your not thinking broad enough. The service is bringing television into your home. Both Dish, DirectTV, Cablevision, and the internet accomplish this. They each use a different medium to get the information to you. You have competing options, you just don't like them
