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Appeals Court: Cable Access Approved
by Liza Porteus
The U.S. Court of Appeals for the 4th Circuit on Wednesday affirmed a lower-court ruling that municipalities do not have the authority to require cable operators to provide telecommunications services or telecom facilities as a condition of gaining permission to operate. The rulings invalidate requirements officials in Henrico County, Va., had imposed on a cable operator there.
The ruling "affirms what we've argued since the 'forced cable-access' debate emerged three years ago in Portland, Ore. -- [that] federal law very clearly prohibits municipalities from requiring cable companies to provide telecom services or telecom facilities as a condition of obtaining a license to operate," Mark Rosenblum, AT&T's law vice president, said in a statement. "We hope this puts an end to the argument that municipalities should mandate forced access for cable companies."
Tech In The City
Two of the fastest-growing segments of the U.S. economy -- technology and business services -- are almost entirely located within metro areas, according to a report released this week by the U.S. Conference of Mayors.
The study shows that 93 percent of jobs in the high-tech sector, or 7.35 million, are located in metro areas. Those areas generate more than 80 percent of the nation's employment, income, and production of goods and services, and the concentration of people and businesses has given rise to new industries, spurred technological innovation and increased productivity.
The high-tech and business-services sectors concentrated within metro areas contain some of the nation's newest and most innovative industries, according to the report. They include computer hardware and software, telecom equipment, optical instruments, Internet publishing and management consulting. From 1999-2000, high-tech employment industries grew 2.6 percent per year, while almost 1.66 million jobs were created by high-tech companies in metro areas, compared with only 52,500 jobs added outside metro areas.
States Tackle E-Government
State legislatures have cleared various e-government measures this year. They address issues such as technology management, electronic filing, public records, and services and information, according to the National Conference of State Legislatures (NCSL).
The NCSL tally as of the end of June includes:
Colorado
* H.B. 1070 requires political entities to provide a statement of intent to electronically file campaign finance reports.
* H.B. 1210 authorizes the Department of Revenue to hold electronic hearings on revocations of drivers' licenses.
Florida
* S.B. 2220 authorizes government agencies to acquire, hold and enforce copyrights for any data-processing software they create, and authorizes the sale or licensing of such software. It also creates requirements for electronic record-keeping systems and for access to public records.
* H.B. 1811 creates a state technology office.
* S.B. 1672 creates a Digital Divide Council.
* S.B. 1852 provides for the electronic remittance of fees to the Department of Revenue.
* S.B. 1880 redefines "electronic transmission" to include Internet-based proxy voting.
Illinois
* H.R. 263 requires audits of agency Web sites to determine if they are tracking users' Internet surfing or buying habits.
Maine
* L.D. 1681 requires state and local governments to include on their Web sites notices on their information-collecting practices.
* L.D. 1759 creates the position of chief information officer.
Massachusetts
* S.B. 1820 requires webcasts of all formal state Senate sessions on spending bills.
Nevada
* S.B. 524 authorizes the Department of Motor Vehicles and Public Safety to establish a program for submitting and storing documents electronically.
* A.B. 60 requires public bodies to post notices of their meetings on their Web sites.
* A.B. 529, S.B. 435 and S.B. 446 appropriate money to various state departments for replacing equipment and computer hardware and software.
North Carolina
* S.B. 1070 establishes a dispute-resolution procedure to help the Office of Information Technology collect fees for IT services.
Oklahoma
* S.B. 77 authorizes state agencies to reproduce records on film, optical or hard disk.
Oregon
* S.B. 262 permits the state Board of Education to adopt standards for electronic student records.
Washington Gets Good Tech Grades
Washington state received high marks in a recent Washington Technology Center survey.
The "Index of Innovation and Technology" shows that Washington ranks eighth in innovation capacity, first in the creation of new companies and 16th for research and development expenditures, down from eighth in 1997. The report cites transportation as the state's largest tech sector, followed by software and information. Software and information technologies had the largest percent increase in employment after telecommunications.
Technology patents constitute nine of the top 14 patent areas, and the number of patents by Washington investors increased by 72 percent from 1995 to 1999.
The report highlights King County as the area with the greatest concentration of technology employment. The tech industry accounted for 9.4 percent of Washington's total employment, while the number of unfilled tech jobs declined between 1998 and 2000. The state also ranks first for average tech job wages.
Computer-related products dominate the region's capital investment, the survey shows. And the state's four-year institutions grant about 4,500 science and technology degrees each year, while its primary and secondary school students are increasing their proficiency in math and science.
Missouri Works The Right-Of-Way
The Missouri legislature has passed legislation that would restrict the authority of local governments to regulate telecom companies' use of public rights-of-way, according to Nation's Cities Weekly. The bill is headed to Democratic Gov. Bob Holden for approval.
Southwestern Bell Telephone and its local telephone market competitors support the measure, but the Missouri Municipal League "fought the bill tooth and nail," said a league source.
The measure would prohibit local governments from requiring telecom companies to obtain a franchise to use rights-of-way, but it would not apply to franchise agreements that were in effect by May 1. The bill also would prohibit rental fees for using the rights-of-way but would authorize local governments to impose rights-of-way permit fees. Governments would have to process the permit applications within 31 days of receiving them. Telecom and cable TV companies could identify on customers' bills the charges they impose to recover the rights-of-way permit fees.
Other state legislatures are considering similar legislation, in part because of strong lobbying from the telecom industry.
Virginia County Takes Health Class Online
Summer-school students in Henrico County, Va., became the first to have access to the local school district's first online course, reports The Richmond Times Dispatch.
The technology-driven health class enables students to cruise the Internet for information about emergency care and other health issues, create interactive Web pages, and share information through chat rooms and e-mail. The online class is a test for school officials, who are creating technology-intensive courses for subjects such as history and science.
More than 430 ninth- and 10th-graders are participating in the pilot program, which is part of an $18.6 million technology initiative with Apple Computer.
In other Virginia news, the state this week announced that it was awarded four Civic 50 Awards in recognition of its e-government initiatives.
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