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RESOURCES
CABLE TELEVISION IN CUPERTINO
Many inquiries have come into the city regarding the rights of residents when dealing with Comcast and its contractors. The following are answers to frequently asked questions.
Does Comcast have permission to be on my property?
Yes. Comcast has a franchise with the City of Cupertino that permits Comcast employees and their contractors access to the rights-of-way and public utility easements much like the water, sewer, gas, electric and phone companies. As the system is maintained, employee and contracted construction crews will be working in these easements on either existing utility poles or underground.
However, Comcast employees and their contractors are always required to carry company photo identification badges as well as paperwork explaining their need to access the public utility easement. If a Comcast employee or contractor enters your property without meeting both of these requirements, City residents are urged to call the Sheriff's Office immediately by dialing 911.
When I have a question or problem with my cable, do I call the City of Cupertino?
First, contact Comcast at 1-800-COMCAST. State the facts briefly, providing any additional information that supports your position. Have your account number, copies of bills, receipts, cancelled checks, letters, and company notices handy.
When talking to your cable company, be sure to get the name of the people you talk with and keep copies of any correspondence from them. If you are sending a complaint by mail, do not send it with your bill and make sure you send it to the address listed on the top of the bill. Please do not send it to the City, as this will slow down any response.
Be very specific about what it is you are asking. If you have more than one question or complaint, right them down so you cover them all. Also, be specific about what it is you are asking your cable company to do: whether you are calling about a service call or a credit, tell them directly.
If, after talking to Comcast, you are still unsatisfied with the cable service, or service hasn't been corrected as promised, then the City of Cupertino can get involved and contact Comcast on your behalf to resolve the situation.
How can the City of Cupertino help me with my cable problems?
The City Manager's Office staff contacts the Comcast Public Affairs Office, explains the situation to a representative, and directs them to resolve the situation in a timely manner. To register your complaint, visit the city website at www.cupertino.org and log your complaint using Access Cupertino. Using Access Cupertino allows for the best tracking and response to your concerns. You may also call City Hall at 408-777-CITY (2489). The city will then contact Comcast for resolution of your cable issue.
What can you tell regarding recent cable rate increases?
The very short answer is that the City has no regulatory authority over the cable programming service tier (standard tier) that engenders most of the cost.
Background Information
The regulation of cable television providers by local governments is governed by the provisions of the 1996 Telecommunications Act (Act). The Act as of March 31, 1999, removed the ability of the Federal Communications Commission (FCC) to regulate the Cable Programming Service Tier (CPST) of channels. These are the channels above fourteen with some exceptions and consist of such things as the weather channel, American Movie Classics, Nickelodeon, Turner Broadcasting, ESPN, etc. Prior to that date the FCC regulated the rates for this channel tier.
Prior to March 31, 1999, if local governments received complaints from citizens within ninety (90) days of the rate increase, local governments had one hundred eighty (180) days from the rate increase to file documents with the FCC asking them to review the rate increase for the CPST tier. After March 31, 1999, the FCC no longer regulates the standard tier rates and for that matter neither does any other entity. The Act contemplated that by that date there would be ample competition within the cable industry making rate regulation of the standard tier unnecessary.
Local governments may still regulate the basic tier that is essentially your broadcast channels from zero to thirteen with some exceptions. However, to be able to regulate the standard tier the local government has to certify to the FCC that it is able and has the necessary staff to regulate the Basic tier, which is a small portion of the cable bill. The rest of the cable bill is due to the standard tier and any premium pay preview channels. In addition, the cable industry has begun challenging local government regulation of even Basic cable rates by establishing the existence of "effective competition," which the FCC has decided may include satellite signal reception. Thus, efforts to regulate even Basic cable rates would likely be met with litigation and an uncertain outcome in costly and time-consuming FCC administrative proceedings.
In summary, after March 31, 1999, neither the FCC nor local governments have the authority to regulate the cable programming service tier (standard tier) of channels, generally, channels above fourteen, including such channels as the weather channels, Nickelodeon, Turner Broadcasting, etc. The City's agreement with Comcast is a non-exclusive franchise and any other cable provider is welcome to provide cable service to City residents. The basic tier rates (Channel 0-13) have not risen greatly over the last several years. Most of the increases have occurred in the standard tier. The City can still regulate the basic tier providing it certifies it has the capabilities of doing so and can defeat claims that satellite services provide effective competition within the franchise area. Because of the minimal cost and level of recent increases for the basic tier, as well as the potential for costly litigation, the City has not asserted regulatory authority over basic cable rates. Since Congress enacted the federal act, Congress can change the provisions of the Act to allow the FCC to again regulate cable television rates but it has chosen not to do so.
In view of the preemption of this matter by the United States Congress, the City has not authority in regard to significant cable TV rate regulation. The U.S. House and Senate would have to change the language of the 1996 Telecommunications Act as revised in March of 1999. After that the president of the United States would need sign such legislation. In regards to rates, Congress has precluded the City from taking an active role.
What else does the City of Cupertino do?
The Cupertino City Manager's Office enforces the cable franchise agreements, and with the assistance of the Cupertino Telecommunications Commission, negotiates terms of the franchises, audits franchise compliance, and makes recommendations and advises the Cupertino City Council on cable and telecommunications issues.
What is a cable franchise agreement?
The provision of cable television services is the result of a franchise agreement between the City of Cupertino and Comcast. The franchise agreement is a contract between Cupertino and Comcast that sets the terms of the provision of cable services, including service standards, payment of franchise fees for use of the public right-of-way, public, educational, and government programming requirements, and system requirements. The franchise agreement became effective December 31, 1995 and has a fifteen-year term.
What can the City do?
Federal and state laws establish restrictions on what the City can regulate in a franchise or negotiate for in a franchise agreement. Below is a table detailing what Cupertino can and cannot do as the local franchise authority.
Cable Franchise Authorities - What they can and cannot do
| Can Do |
Cannot Do |
| Can require specific cable system capacity
and functionality. |
Cannot require a specific transmission technology.
|
| Can require support of PEG access through facilities,
equipment, and channels (spectrum). |
Cannot specify which channels are or are not
carried and cannot specify which channels are on which tier of service (other
than PEG access). |
| Can establish customer service standards, including
ones related to answering telephones calls, response to complaints, and
imposition of late fees. Can require a local customer service office. |
Cannot regulate rates (other than lowest cost
tier of service). |
| Through an enabling ordinance can require a
specific definition of gross revenues. |
Cannot require franchise fees of more than
5 percent of gross revenues, as defined in the franchise agreement. |
| Can regulate the video portion of services
offered. |
Cannot regulate any voice (telephone) services
(regulated by state Public Utilities Commission). |
| Must be willing to negotiate in good faith
with additional cable companies. |
Cannot specify engineering performance standards
in those areas where FCC has preemptive authority. |
| Can require construction of an Institutional
Network (I-Net) linking schools, libraries, and public buildings for voice,
video and data communications. |
Cannot grant an exclusive franchise. |
| For the public access channel, can require
placement at a specific location. |
Cannot regulate data services, including Internet
services. |
| When a cable company does construction in public
rights of way, can specify that it must do so in a manner that does not
disrupt those rights of way unreasonably. Company must apply for and be
issued all necessary construction and occupancy permits. |
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What is PEG?
PEG stands for public, education and government access services. In Comcast's franchise area, the City of Cupertino, Cupertino Public Access (KMVT), De Anza College and Fremont Union High School District provide these services. FUHSD is currently inactive.
How do I contact my cable company?
You can reach Comcast at 1-800-COMCAST.
How can I get cable information from the Federal Communications Commission (FCC)?
Cable Service Bureau Fact Sheets are available for viewing at the FCC web site, at http://www.fcc.gov/.
For other information about city services please visit our website at www.cupertino.org.
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