H-1544.1  _______________________________________________

                     HOUSE JOINT MEMORIAL 4027

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representative Casada

Read first time 02/21/95.  Referred to Committee on Energy & Utilities.

Requesting that Congress transfer jurisdiction to regulate one-way video and audio communications to the states.

    TO THE HONORABLE BILL CLINTON, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

    We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

    WHEREAS, Historically, regulation of communications services has been based on distinct technologies and purposes, with telephone companies serving as common carriers of two-way audio communications and the cable industry providing one-way audio and video communications; and

    WHEREAS, The telephone industry currently is regulated primarily by states, while the cable industry currently is regulated primarily under federal law by the Federal Communications Commission with additional regulation by local franchising authorities; and

    WHEREAS, With the convergence of technologies, it is now possible for telephone companies to provide video services, and for cable television systems to provide two-way communications services; and

    WHEREAS, Federal courts have held a federal statute precluding telephone companies from distributing cable television services within the companies' service territories violates the first amendment to the United States Constitution; and

    WHEREAS,  Without a change in federal jurisdiction, telephone companies that provide video services will be subject to regulation at the federal, as well as state and local, level; and

    WHEREAS, Without a change in federal jurisdiction, cable television systems that provide two-way communications services will be subject to regulation at the state, as well as federal and local, level; and

    WHEREAS, Federal and Washington State policies are to encourage competition in the telecommunications services market; and

    WHEREAS, A state is best situated to assess and respond to the status of competition in the telecommunications services market within the state's borders;

    NOW, THEREFORE, Your Memorialists respectfully request that the Congress of the United States enact legislation transferring jurisdiction to regulate one-way audio and video communications services to the states.

    BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Bill Clinton, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.

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