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Communications, Financial Services and Interstate Commerce

October 18, 2007

Honorable Kevin J. Martin
Chairman
Federal Communications Commission
445 12^th Street, SW
Washington, D.C. 20554

RE: NCSL's Opposition to the Federal Communications Commission (FCC) Consideration of MB Docket No. 07-51

Dear Chairman Martin:

I write on behalf of the National Conference of State Legislatures (NCSL) to express our opposition to the Federal Communications Commission (FCC) consideration of MB Docket No. 07-51, In the Matter of Exclusive Service Contracts for Provision of Video Services in Multiple Dwelling Units and Other Real Estate Developments.   

As you are aware, NCSL was instrumental in advocating state-level video franchise reform to open the video marketplace to enhanced competition.  We believe our efforts were successful in forestalling congressional infringement of state sovereignty.   NCSL shares the concern of the FCC for competition in the video marketplace, however, we believe that consideration of such order is an unwarranted preemption of state authority. Therefore, we respectfully request that you refrain from adopting any administrative order with regard to a matter that is wholly within the parameter of state sovereignty.

State legislators are taking the steps necessary to enhance competition in the video marketplace.  The issues that the proposed order wishes to address are best dealt with at the state level and not through an administrative ruling that will no doubt be litigated through state and federal courts for many years.  We are concerned that such an order if adopted by the FCC will not enhance video marketplace competition but rather complicate state reform efforts with years of uncertainty. 

Any attempt by the Federal Communications Commission to preempt state treatment of existing contracts is a preemption of state sovereignty. 

On behalf of my colleagues across the country, I thank you for respecting the concerns of elected state policymakers.

Sincerely,

Senator Delores G. Kelley, Maryland
Chair, Committee on Communications, Financial Services & Interstate Commerce
National Conference of State Legislatures