The Cable Franchise Agreements give the City of Colorado Springs (Cable Franchise Authority) control over how cable operators use the facilities and livelihoods of the public and the limited authority over after-sales service. Cable customers residing within the City of Colorado Springs limits can contact the Cable Franchise Authority if the customer fails to resolve a service issue with the cable operator. The Cable Franchise Authority will then contact the cable operator on behalf of the customer. Although cable franchise authority`s oversight of cable companies is limited, an acceptable solution can generally be found. Please note that Cable franchise agreements do not grant price control or cable programming to the Cable Franchise Authority. In addition, cable franchise agreements do not cover telephone or modem (Internet) services. You`ll find more information in the FCC and classify the cable modem service as an “information service.” In particular, FCC decisions do not affect your rights under the applicable state law as a private owner to deny a particular provider the right to access your property for the provision of cable or Internet services. However, it is important to keep in mind that several states, including Ohio, have passed mandatory access laws that grant ACCESS providers certain rights of entry to private property without the owner`s permission4. The City of Colorado Springs currently has cable franchise agreements with Comcast, Falcon Broadband and CenturyLink. These agreements are managed by the Office of Innovation and Sustainability. Shortly after the FCC`s decision to ban exclusive access agreements, the FCC began its investigation into exclusive marketing and mass settlement agreements. Exclusive marketing agreements between cable and internet service providers and MDUs owners offer the supplier the exclusive right to market its services to MDU residents. Typical marketing strategies resulting from such agreements include advertising in common areas of the MDU, placing brochures under residents` doors and including a supplier`s brand on the MDU website.
In the case of a mass count, an owner of an MDU allows a cable or internet provider to deliver delivery to all MDU residents for a significantly reduced fee. Retail settlement agreements offer MDU owners the opportunity to attract residents by offering cable or internet services at a much lower price than retail. However, when an MDU owner voluntarily terminates the service of a cable operator established for the building or for a single tenant, FCC regulations prohibit the incumbent supplier from removing any existing wiring in the tenant`s unit from or about 12 inches outside the place where the cable wire enters the “wired” device without giving the owner the prior option to purchase the wiring for an amount corresponding to his replacement fee.7 , FCC regulations allow the incumbent provider to remove any internal wiring that begins at the point where it is dedicated to a single unit and ends outside the location where the cable wire enters the device (“cable wiring”), without giving the right to the owner of the MDU or an alternative service provider 8 the franchise rights are subject to the provisions of Section 622 of the Cable Communications Act of 1984.  Section 622 states that municipalities are entitled to a maximum of 5% of gross revenues from the operation of the cable system for the provision of cable services such as public, educational and public access channels (PEG).