The bill faced an uphill battle. Incumbent cable companies, largely represented by Cox Communications, adamantly opposed the new law and said it would unfairly tilt the playing field in BellSouth's favor. The Louisiana Municipal Association, the state landowner's association, the state conference of mayors and the Police Jury Association all actively opposed it, claiming it threatened to end local government franchise fees and would erode property rights and service requirements.
Last week, the state Senate passed the bill. After lengthy debates, intense lobbying and a whopping 142 amendments, neither side seemed sure of what the bill accomplished. In a classic case of playing both sides of the fence, famed state lobbyist and Lafayette native Randy Haynie worked for BellSouth to get the bill passed, andÂ also for the city of Lafayette to ensureÂ it qualified as one of the areas exempt from the bill's provisions. When the bill passed in the Senate, BellSouth reps at the Capitol were quoted as saying they needed to thoroughly review the senate's amendments before asking for House concurrence. Bellsouth did not return calls or e-mails for comment by press time.
The Police Jury Association and the Louisiana Conference of Mayors were the only organizations that steadfastly opposed the bill through the end, calling the legislation fundamentally flawed.
"Any bill amended this much was poorly drafted to begin with," says Garrett. "And that's the whole point. They had to continue to slap coats and coats of paint on it so that you couldn't see the rotten wood underneath."
The final bill creates a statewide franchise, though all of the state's major cities and media markets (with the exception of Monroe) are excluded. The bill also requires BellSouth to match any existing franchise fee agreements already being paid by other cable operators. A Senate floor amendment also protects landowners from having a company "construct facilities on private property" without the property owner's permission.
Opponents of the bill question why BellSouth wants to eliminate the need to negotiate franchise agreements in small municipalities and rural areas. The most cumbersome franchise agreements typically come from larger cities, which have greater leverage in negotiating the agreements. Skeptics also questioned how cost-effective it will be for BellSouth to build infrastructure and service to areas outside the major media markets. Neither BellSouth, nor any other phone company, has yet to specify any plans for rolling out services under the state franchise.
Lafayette Sen. Don Cravins Sr., who frequently took to the Senate floor in opposition to the new law, asked why the state needs to assist a huge company like BellSouth, soon to be merged with AT&T, negotiate franchises with small towns across Louisiana.
"I think a multinational company should have the means to do that," said Cravins, who is now also running for mayor of Opelousas. "It doesn't matter how you couch it, this is an AT&T multi-national conglomerate bill that is ultimately going to Wal-Mart the entire cable industry in Louisiana."
Lafayette City-Parish President Joey Durel concurs with Cravins. "What I keep saying," Durel says, "is that people trust local government more than they trust state government, just like they trust state government more than they trust the federal government. And so once again the state government has chosen to get involved in local policy, and this will ultimately have a negative effect on local government, which will obviously have a negative effect on the people that we try to serve."
Based on Lafayette's own contentious history with BellSouth, where the company has repeatedly sued the city in order to block Lafayette Utilities System's efforts to get involved in the phone, Internet and cable business, Durel is wary of the company's intentions.
"We kept hearing for the past two years: level playing field," Durel says, "and now what you're seeing is the huge conglomerates trying to not play on a level playing field with each other."
Both Garrett and Durel say BellSouth (or AT&T) is trying to use state franchise bills in multiple states as leverage for a national franchise, which they are already pushing in Congress.
"This is a national priority for them," Garrett says. "I don't think they have any intentions of ever operating under these agreements. I think their intention is to get the agreements adopted in as many states as they can and then push their national franchise."
Eventually, he says, this will mean the end of rural service area requirements and franchise fees that cable companies pay to local governments for right-of-way access.
"If the language of this bill were in a contract, I'd feel very secure," Garrett says, noting all the protections provided by the bill's amendments. "But it's merely in a state law, which means when the federal law gets passed, it goes away."
Garrett says the Police Jury Association and other opponents of the bill offered a compromise to BellSouth early on in the negotiations. The proposal ' which BellSouth rejected ' would have allowed any telephone company to opt into existing cable franchise agreements anywhere in the state by simply writing a letter of intent to the local governing body.
"What can be more fair than that?" Garrett asks. "They do not want to be under any contractual obligation to local government whatsoever. Under contract you can actually guarantee some things. This statute doesn't guarantee anything."
Durel hopes it will ultimately be a moot issue. He says once LUS begins offering its telecommunications package (the plan is currently tied up in lawsuits brought by two Lafayette residents), it won't matter how the incumbent cable and telephone companies are delivering their services.
"Our technology," Durel says, "is going to be so far superior to what either one of the companies has to offer that we are going to be the competition."
A federal jury found attorney Daniel Stanford guilty Friday afternoon on eight of 13 counts for his role in the Curious Goods conspiracy.
Lafayette City-Court Judge Francie Bouillion has served on the bench for two decades since winning a special election to replace Judge Kaliste Saloom when he retired in 1994.
The magazine's senior football writer also predicts a break-out year for Saints fourth-year running back Mark Ingram.
Gulf Coast ceremonies marking the ninth anniversary of Hurricane Katrina have begun.
The Louisiana Department of Wildlife and Fisheries says there is little known about the effects of tiger prawns on indigenous Louisiana shrimp. But, officials say the reports they're seeking will help state biologists monitor the distribution of the prawns and determine the possible presence of spawning populations.
Baltimore Ravens coach John Harbaugh rested his regulars and watched with delight as Ray Rice's backups ground out 214 yards rushing in a 22-13 victory over the New Orleans Saints on Thursday night.
Friday's Blogs from the Bog!
Google vs. Amazon in drone race; more deaths in Syria; Russia escalates Ukraine conflict and more national and international news for Friday, August 29, 2014.
High-profile criminal defense attorney Daniel Stanford awaits his fate in the Curious Goods conspiracy trial.
The Louisiana Department of Wildlife and Fisheries is set to put the kibosh on the legal ownership of monkeys trained to help the disabled, and the agency wants to know what you think.
A federal judge on Thursday asked lawyers battling over Louisiana's new, restrictive abortion law for an agreement that apparently could let clinics stay open — at least for a while — after the law takes effect Sept. 1.
An abortion rights organization wants a federal judge to block enforcement of Louisiana's new abortion law while its lawsuit to overturn the law makes its way through court.
Republican presidential prospects Ted Cruz and Bobby Jindal are planning to speak at an Iowa Christian conservative event in September.
The attention surrounding Victor White III has spiked with the release of last week’s autopsy report, which has raised a number of serious questions about the night of his death and has put the Iberia Parish Sheriff’s Office under an increased wave of scrutiny as more national media outlets are jumping on the story, most recently seen on MSNBC's The Rachel Maddow Show.
A group supporting taxpayer-funded private school tuition vouchers is appealing a federal judge's order that Louisiana must provide regular reports to federal officials on the state's voucher program.
The Discovery Channel has canceled reality TV star Will Hayden's popular "Sons of Guns" show after his arrest on an aggravated rape charge.
The LPSB will finally hear from the attorney it hired to investigate the superintendent at a special meeting Thursday at 4 p.m.
Authorities are investigating a report that a student there warned the principal of impending violence similar to that depicted in the movie "The Purge."
Saints cornerback Champ Bailey has played for more than a handful of playoff teams during a career that has seen him selected to 12 Pro Bowls.
Police say a 56-year-old Lafayette man walking behind a dump truck died when the truck hit him as it was backing up.
New Orleans Saints quarterback Drew Brees is a proud papa of new baby girl.
The books on Louisiana's last budget year have been closed, but it took a bit of borrowing from this year to make the numbers work.
The Iberia Parish Coroner responded Monday to the attention surrounding the questionable shooting of Victor White III, a black man from New Iberia who died April 2 while in the custody of local law enforcement.
Two months after lawmakers agreed to create a $40 million higher education incentive fund, no decisions have been made about how to divide the money.
With Drew Brees back healthy, the New Orleans Saints are free to work on the little things that can make the difference between a Super Bowl run and something less.