[opendtv] Re: Cable stocks upbeat after 70/70 rule vote

  • From: "John Willkie" <johnwillkie@xxxxxxxxxxxxx>
  • To: <opendtv@xxxxxxxxxxxxx>
  • Date: Fri, 30 Nov 2007 09:46:50 -0800

If I were writing the article, I wouldn't have said that the Commissioners
voted against the 70/70 rule - since that item WASN'T ON THE AGENDA.

 

The Sunshine Act requires the Commission to publish it's meeting agendas a
week in advance. So, the November 27, 2007 meeting agenda had to be
published on or before November 20, 2007.  Here's the agenda as of November
20, 2007: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-278312A1.doc
(An item was removed later.)

 

News accounts ahead of time said that Chairman Martin had to pull the item
before the agenda was published due to not having three votes in favor of
his position.  The debate was over the methodology.  (Mostly, it's a phony
debate, as evidenced by the competition report released at the same
meeting.)

 

I suspect that cable stocks will be hurt severely by this in the future,
when Chairman Martin gets his third vote, probably from Commissioner
Adelstein.  I hope that CED Magazine will report that accurately, but if the
past is a predictor of future performance, they won.t

 

"voting" is something done in public at a public meeting, and it requires
either an exception to the Sunshine Act requirement of a public notice in
advance of the item being voted on, or compliance with the Act.

 

John Willkie

 

  _____  

De: opendtv-bounce@xxxxxxxxxxxxx [mailto:opendtv-bounce@xxxxxxxxxxxxx] En
nombre de Frank Eory
Enviado el: Friday, November 30, 2007 9:33 AM
Para: opendtv@xxxxxxxxxxxxx
Asunto: [opendtv] Cable stocks upbeat after 70/70 rule vote

 

Excerpted from yesterday's issue of cedmagazine.com:

Cable stocks were on the upswing yesterday after FCC commissioners voted
against Chairman Kevin Martin's proposal to give the FCC more power to
regulate the cable industry.

FCC commissioners voted against Martin's plan to use the "70/70" rule, which
would have allowed Martin to push through some of his pet projects, such as
the a la carte service model.

The 70/70 rule dates back to the Communications Act of 1984. Under the 70/70
rule, if the FCC finds that cable service is available to 70 percent of
households, and that 70 percent of those homes subscribe, then the FCC can
"promulgate any additional rule necessary to provide diversity of
information sources."

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