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."
Tuesday's Blogs from the Bog!
Critic says Sharknado 2 even better; North Korea offers summer camp; Russia accused of nuclear violations and more national and international news for Tuesday, July 29, 2014.
It wouldn’t be a first, however, as the Chamber has thrown money behind Landrieu before.
The Democratic incumbent, seeking her fourth term in office, is a strong supporter of the Export-Import Bank, which helps finance exports of U.S. companies.
The world is a politically tense place these days with hot spots ranging from the Middle East to Ukraine. In Louisiana and Mississippi, where the political chessboard tends to be a lot less threatening and at times entertaining, this election season is living up to expectations.
Louisiana has joined nine other states in support of Indiana’s appeal of a federal judge’s ruling that the Hoosier State’s ban on sam-sex marriage violates the Constitution.
The Saints are being cautious in an effort to minimize risk of re-injury.
LSU Health Sciences Center says people with a common, hard-to-treat kind of lung cancer can join a new national trial to test drugs faster.
As New Orleans Saints coach Sean Payton and general manager Mickey Loomis spoke about the opening of training camp, steep, tree-covered mountains were in full view behind them.
The family of fallen cyclist Lon Lomas is speaking out after the release this week of the man charged with his death.
"The solutions are obvious: undo consolidation, or amend the charter to make this hybrid attempt at a new form of government work better."
The Board of Elementary and Secondary Education is considering whether to get involved in a lawsuit against Gov. Bobby Jindal for his attempts to undermine use of the Common Core education standards in Louisiana's public schools.
The latest meeting of a south Louisiana flood board that stirred political turmoil with a lawsuit against the oil and gas industry is taking place amid uncertainty over the future of the lawsuit — and the board's own membership.
The photos taken nearly a mile under the Gulf of Mexico are so clear that small holes are visible in a lifeboat that may have gone down or been scuttled when a passenger ship was sunk by a Nazi submarine in 1942.
Advocate columnist and Jindal shill Quin Hillyer has been against the New Orleans levee board lawsuit from day one, but a recent piece targeting author/activist John Barry prompted the perfect rebuttal from the board’s former vice-president, who takes Hillyer to task on just about every distorted claim he’s made on the issue.
Thousands of people who bought health insurance through the marketplace created by the federal health care overhaul face price hikes next year that could top 10 percent.
Louisiana fell one spot in an annual national ranking of child well-being that looks at poverty, education and health access.
A federal judge has decided he doesn't need to hear more arguments in the case of a gay couple who want a Louisiana marriage license.
Saints again bring playoff aspirations into 2014 campaign.
New details in the case against the man arrested for last week’s bomb threat and bank robbery has surfaced, including a MidSouth Bank surveillance video showing the alleged suspect attempt an early-morning bank robbery.
Parents and teachers who support the Common Core education standards sued Gov. Bobby Jindal Tuesday over his actions against the multi-state standards, accusing him of illegally meddling in education policy.
An arrest was announced this morning in connection with last week’s bomb scare at UL Lafayette.
Attorneys, judges and others interviewed by LaPolitics expect 15 to 20 district judge races this year.
"I feel like I'm under siege," an attorney said recently over drinks at Galatoire's Bistro in Baton Rouge. "We all do. Every time I turn around somebody wants a check. District attorney races. The judges. They're killing us."
As a requirement for running for Congress in the 6th District, former Gov. Edwin Edwards has filed his financial disclosure statement with the U.S. House showing his income in 2013 totaling $242,787.