Comcast disagrees...
"Cable industry files lawsuit to stop SBC-backed legislation
Senate Bill 5 allows new telecom competitors entering the video market to obtain a state-issued, statewide cable and video franchise -- instead of requiring them to obtain franchises from individual municipalities.
SBC Texas President Jan Newton lauded Perry's signing of the bill. SBC Communications Inc. (NYSE: SBC) in San Antonio lobbied for the legislation.
SBC is in the midst of investing $4 billion to develop a fiber-optic network in its 13-state territory. By 2007, the company will have the ability to reach 18 million households. "
http://sanantonio.bizjournals.com/sanantonio/stories/2005/09/05/daily21.html
"SBC switches on Microsoft in major IPTV deal SBC signs $400 million licensing deal to use Microsoft's new Internet-based TV platform "
http://www.infoworld.com/article/04/11/17/HNiptvdeal_1.html?DIGITAL%20RIGHTS%20MANAGEMENT
"Senate Bill 5 allows new telecom competitors entering the video market to obtain a state-issued, statewide cable and video franchise -- instead of requiring them to obtain franchises from individual municipalities."
Read my tagline.
SBC's Project Lightspeed will only be deployed in a relatively small area of their geographic territory. It is not an undue burden for SBC to follow the same regulations that the cable companies were required to follow in order to deploy video service.
This is a states rights issue. As long as utilities are using the public right-of-way and running cable through your private property without paying you rent, it is fair to expect the utilities to follow the local regulations for franchise agreements.