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February 12, 2007

 
The Honorable John Dingell
U.S. House of Representatives
2328 Rayburn HOB
Washington, DC 20515-2215
 
The Honorable Joe Barton
U.S. House of Representatives
2109 Rayburn HOB
Washington, DC 20515-4306
The Honorable Edward Markey
U.S. House of Representatives
2108 Rayburn HOB
Washington, DC 20515-2107
The Honorable Fred Upton
U.S. House of Representatives
2183 Rayburn HOB
Washington, DC 20515-2206


 

Dear Representatives:

On behalf of the nation’s 75 million American homeowners, The American Homeowners Grassroots Alliance (AHGA) writes to thank Energy and Commerce Committee’s leadership for introducing during last week’s Consumer Protection Week major bipartisan legislation on privacy issues dealing with pretexting, spyware, Social Security number protection, and data security. We also applaud the committee’s efforts to address challenges related to media ownership, the digital television transition, and the e-rate program. These are major policy issues with significant impact on the nation’s homeowners, and we support speedy action on these important proposals in the Committee and in Congress.

At the same time we want to express our concerns regarding another policy area where progress to help consumers has been slow and exasperating. That is the continually rising cable TV rates across America and the persistent poor quality of cable TV services. In total, more than 100 million homes in this country have a television, nearly 70% of which subscribe to cable. The quality of cable TV services remains among the poorest of services according to consumer surveys conducted by J.D. Powers. Over the past decade, cable rates have risen more than 86% across the country. State and local governments have had the power to address these serious problems but clearly many have done an inadequate job of protecting the interests of their constituents.

Fortunately that is changing. Across the country state and local governments, with widespread support of consumers, have taken steps that are reducing the substantial costs of TV services and creating powerful incentives to improve TV services quality. State legislatures are passing legislation that speeds what has been a painfully slow process of bringing competition into the TV services arena. The state legislation has also included substantial important protections for consumers, including assuring that there is no discrimination in the availability of the new services, creating an important role for municipalities to address consumer complaints, requiring continued support for public educational and governmental access, and providing strong enforcement tools. While some have criticized caps on the limits on local franchise fees, inevitably most of those fees must be passed on to local subscribers. Any limits imposed on this form of indirect taxation do not preclude local governments from funding very important basic (but mostly unrelated) municipal services by using the more desirable transparent method of direct taxation.

There is broad bipartisan public and political support for increasing competition in cable TV services. Last year in California, the democratic state legislature passed TV services competition legislation by an overwhelming margin and it was signed into law by the state’s republican governor. On the opposite coast, in our home state of Virginia, TV services competition legislation was also passed by an overwhelming margin by a republican state legislature and it was signed into law by the our democratic governor. More local governments, both democrat and republican, are beginning to allow competition in TV services as well.

These initiatives are having the intended effect. According to the Government Accountability Office, where cable TV faces wire line competition, prices are 15.7% lower. In one early 2006 pre and post competition multi city study, the monthly weighted average TV services prices dropped from about $60 monthly to $40 monthly. Those savings amount to $240 a year, a substantial amount for most homeowners and other consumers.

There are other very important and positive implications of expanded cable TV services competition as well. Many new TV services competitors bring their TV services into the home via fiber optic cable, which can also provide the fastest noncommercial Internet access speeds. Faster Internet access is essential to accelerating the trend of American homeowners returning to a home-centric lifestyle. It enables growing use of teleworking, which helps reduce vehicle usage and its undesirable downsides, including global warming and rush hour traffic. It also encourages the creation of home-based businesses, which are rapidly increasing – some 10 million individuals earn a part time or full time living as eBay sellers. New wearable wireless medical monitoring devices now under development will also allow many of the nation’s 7 million chronically ill and many seniors with medical challenges to remain in their homes while their health can be monitored remotely 24/7 via computer modems. Fewer will be forced to move into expensive health care facilities, reducing the spiraling increases in health care costs and its effects on homeowners, consumers, and governments at all levels. Very fast broadband access is essential to most of these developments.

Despite the growing public support, much more needs to be done. Only two percent of zip codes currently have significant wire line competition to cable. This is a serious problem – a problem with real consequences in the form of continuing cable TV services price increases and poor quality of service. American homeowners deserve better.

For this reason we appreciate the Federal Communications Commission’s recent move in imposing reasonable timetables on the local franchise review and approval process. Apart from questions regarding the authority of the FCC to issue those rules, the FCC’s effort to reform the current undesirable status quo clearly reflects the will of the majority of American consumers. The rules to not prevent state and local governments from addressing the many important concerns of consumers in the franchise process. These include discrimination in new services, the role of municipalities in addressing consumer complaints, continuing support for public educational and governmental access, and provision of strong enforcement tools. The substantial consumer cost savings and other important desirable attendant benefits from more competition in this largely monopolistic industry more than offset any modest restrictions of current local franchise procedures that may result.

There is another important policy area that we suggest the Committee investigate. That is the area of vendor barriers to Internet commerce. Many powerful Internet companies are acting in a monopolistic manor to limit the choices of American consumers. For example today 80% of home buyers use the Internet in home searches. The Justice Department’s Antitrust Division last year sued the National Association of Realtors over the industry’s rules governing home buyers Internet access to discount real estate brokers’ listings. DoJ’s efforts in this area, as well as DoJ’s and the Federal Trade Commission’s efforts to stop similar efforts to restrict consumer Internet access to real estate listings at the state level, are greatly appreciated by our organization and other consumer organizations such as the Consumer Federation of America.

AHGA appreciates your thoughtful consideration of what Americans truly need in the telecommunications marketplace today. By pursuing an aggressive pro-consumer agenda, including support of more competition in TV services, the many worthy initiatives already announced by the committee and its leaders, and additional problem areas that may be identified (such as vendor barriers to Internet commerce), the Energy and Commerce Committee will be providing greater protection of consumer privacy and other consumer rights.

Sincerely,
 


Bruce N. Hahn
President


 

 

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