Local Governments

Miller & Van Eaton, P.L.L.C. has a depth of expertise representing municipalities on telecommunications issues that is unmatched by any law firm in the country. The firm has advised over 250 local governments throughout the United States on a wide range of telecommunications matters including cable franchise renewals, drafting generic telecommunications ordinances, installation of institutional networks, negotiations of right-of-way leases, joint franchises, cable television rate regulation, franchise transfers and modifications, cable system overbuilds, cellular tower siting issues, enforcement matters, and First Amendment issues. Our clients have ranged in size from the City of Los Angeles, California, with a population of approximately 4 million, to the Town of Willards, Maryland, with 704 residents.

Miller & Van Eaton attorneys were actively involved in protecting the rights of local governments during the drafting and enactment of the Telecommunications Act of 1996 (the "’96 Act") by negotiating directly with the lawmakers on a number of key issues. As a result, we are uniquely familiar with its provisions affecting local governments. Since the ’96 Act became law, we have been actively involved in filing comments and arguing on behalf of municipalities and other clients in numerous rulemaking proceedings at the FCC. These include open video systems, uniform rates for cable television service, universal service, telecommunications inside wiring, cable home wiring, satellite antenna zoning preemption, and non-satellite antenna zoning preemption. No other firm is currently playing as active a role at the FCC on behalf of local government interests.

Our unique familiarity with the Telecommunications Act of 1996 led the National League of Cities to hire us to write the League’s handbook on the ’96 Act entitled The Telecommunications Act of 1996: What it Means to Local Governments. And the National Association of Counties hired us to write Implementing the New Telecommunications Law: A County and Local Officials Guide to the Telecommunications Act of 1996.

Miller & Van Eaton also works extensively in related areas, including successful representation of coalitions of local governments regarding the proper computation of cable television franchise fees; satellite dish and antenna site zoning preemption issues; Open Video Systems rules; and cable rate regulation rulings. The firm has also provided lobbying and public policy services in telecommunications matters to cities, counties, and other local government entities all over the country.

Miller & Van Eaton attorneys are experienced in addressing city councils, cable advisory commissions, public utility boards, and other public bodies in both private briefings and public hearings. Firm attorneys are frequent speakers at conferences and seminars on telecommunications issues throughout the United States, including conferences of the National Association of Telecommunications Officers and Advisors, the Alliance for Communications Democracy, the National League of Cities, the National Association of Counties, the National Conference of State Legislatures, the International Municipal Lawyers Association, and the Practicing Law Institute’s annual seminars on cable television law and regulation, as well as state municipal leagues.

Miller & Van Eaton attorneys have extensive experience in the day-to-day operational, policy, and funding needs of local governments, municipally-owned utilities, and local public authorities. We provide a wide range of services for municipalities depending on the level of assistance desired.

Summary of Local Government Experience

Cable Franchising:
We have assisted dozens of communities on cable franchise renewals. For example, our attorneys assisted a town in North Carolina in a successful effort to deny renewal of a franchise agreement with a cable company that had failed to meet performance standards. Subsequently, we helped the city establish its own municipally-owned cable system.

A city in the state of Washington retained us to gain access to an interactive cable system and a stronger communications link with local government and nonprofit groups.

We represented two closely linked California cities in cable franchise renewal, obtaining a dedicated institutional network for use by the governments and their schools.

Miller & Van Eaton is also working with communities across the country in negotiating "overbuild" franchises with the new wave of competitive broadband providers. Our attorneys have helped craft agreements with RCN, Starpower, Seren and other overbuilders in California, Maryland, Virginia and other states.

Cellular Antennas:
Miller & Van Eaton attorneys assisted the American Planning Association in preparing a national survey of local governments designed to gather information regarding cellular tower zoning issues. We have also worked with the National League of Cities, the National Association of Counties, the United States Conference of Mayors, and the National Association of Telecommunications Officers and Advisors, lobbying Congress and the FCC on municipal right-of-way and local zoning issues arising out of the Telecommunications Act of 1996. As a result, we have unmatched familiarity with these issues and how the new federal legislation might affect the authority of local governments. We have assisted several communities in Florida and Arizona with tower siting ordinances.

Cable Rate Regulation:
We have assisted numerous communities in reviewing operator rates under the FCC rules and in defending the appeal of rate orders before the FCC.

General Telecommunications Ordinances:
We have substantial experience representing cities in connection with the preparation of general telecommunications ordinances. Since the 1996 Act, we have drafted such ordinances on behalf of local municipalities in Colorado, Texas, Maryland, California, Florida and Arizona, among others. We have also assisted many communities in negotiating agreements with telecommunications carriers.

FCC Regulation:
We represented the leading coalitions of local government authorities before the FCC on open video system, cable rate regulation and franchise fee rules, helping to protect local rights-of-way and ensure that the new services will be responsive to local needs and serve in the public interest. We successfully lobbied Congress to include a provision in the 1992 Cable Act immunizing local governments from monetary damages claims for cable regulation activities.

Municipal Telecommunications Networks:
We have represented a city in Iowa and several other communities that have built their own municipal cable systems, and we have advised the American Public Power Association and some of its members in investigating the feasibility of constructing telecommunications networks. This work means we are familiar with the complex issues facing municipalities that wish to enter the telecommunications business. No other firm in the country meets our experience in this regard.

Public Rights-of-Way:
We have helped create coalitions to defend local interests against FCC and Congressional initiatives that could prevent localities from regulating those who would use public rights-of-way to deliver telecommunications services. One coalition, for example, was among the lead appellants in a challenge to the FCC's video dialtone rules before the United States Court of Appeals for the District of Columbia Circuit.

Telephony:
The firm has expertise in telephone regulation that is unmatched by most firms that perform only municipal cable television work. Two attorneys with Miller & Van Eaton -- Mr. Miller and Mr. Malone – have been involved in all aspects of telecommunication common carrier regulation since the mid-70s. Before forming Miller & Van Eaton, they represented a range of different client interests, from large computer manufacturers to small, rural telephone companies concerned about the internal financial subsidies of telephone rates necessary to maintain service to rural areas. Today, Miller & Van Eaton continues to represent a few local and long distance telephone companies in specific regulatory matters before the FCC and the courts.

Litigation:
Appeal of City Denial of Cell Tower Site: Miller & Van Eaton represents a Virginia community in an appeal pending before the U.S. Court of Appeals for the 4th Circuit challenging the city’s denial of a cell tower site.

Appeal of OVS Rules: Miller & Van Eaton represents NATOA, the U.S. Conference of Mayors, and the City of Dallas in the pending appeal of the FCC’s open video system (OVS) rules.

Cable Franchise Fee Appeal: Miller & Van Eaton attorneys participated in the challenge to the FCC’s decision regarding franchise fees on gross revenues on behalf of a national coalition of local governments. The coalition ultimately appealed the FCC’s decision to a federal court of appeals. We assisted and ultimately obtained a favorable decision.

Cable Franchise Modification: Miller & Van Eaton represented a city in Texas in a formal administrative hearing initiated by the cable operator seeking franchise modifications.

Cable Overbuild Litigation: In litigation in federal district court, Miller & Van Eaton attorneys protected the rights of a two-county cable regulation joint power authority to franchise a second cable operator.

Denial of Cable Franchise Renewal: Our attorneys represented the City of Morganton, North Carolina, at the trial and appellate levels in a successful denial of a cable franchise renewal.

Denial of Cable Franchise Transfer: Miller & Van Eaton represented the City of Laredo, Texas, in federal district court when it denied the transfer of its cable television franchise to a new operator.

FCC Preemption of a Municipal Telecommunications Franchise: TCI filed a complaint at the FCC challenging the telecommunications franchise ordinance of Troy, Michigan. The City’s ordinance required a cable operator to apply for a telecommunications franchise to provide telecommunications services. We represented PROTEC, the Michigan coalition of city intervenors at the FCC.

Formal Cable Renewal Hearing: The firm represented King County, Washington in a formal administrative hearing brought by the cable operator challenging the denial of a franchise renewal.

Municipal Right to Require a Cable Franchise: The City of Los Angeles sought our representation in a leading First Amendment case dealing with local government rights to oversee development in the rapidly expanding video marketplace. We argued the case successfully through to the Supreme Court, sparing the City a $30 million damages claim.

Municipal Telecommunications Franchise: Teleport Communications Group filed lawsuits in federal district court and state court against the City of Dearborn challenging the validity of the City’s telecommunications franchising ordinance.