Fairfax County does not regulate rates for cable television service. Federal law prevents local governments from regulating cable rates where there is "effective competition" as defined by federal law. See 47 USC § 543 . The Federal Communications Commission (FCC) ruled in 2007 and 2008 that there was "effective competition" in the County. If you have questions about the rates charged by a cable operator, contact the Communications Policy and Regulation Division or call 703-324-5902, TTY 711.
Many residents have called into the County and reported getting stuck on Verizon’s FIOS Channel 1981, the Reston Channel. The viewer is sometimes unable to change or move off the channel.
If you are a Verizon Fios customer and get stuck on the Reston Channel with this message appearing on the screen—
“The Reston Channel is in Hiatus.
Check back on this channel for further information as it becomes available.
Please direct any questions to:
The Fairfax County Department of Cable and Consumer services at 703-324-5902”
To switch to another channel, Verizon recommends the following steps.
On the Verizon remote, first press the “Exit” button (see picture below). Then immediately press the channel + or – button (see picture below) or enter the number on the remote for the channel you wish to switch to.
If the above method does not work, call Verizon Customer Service at (800) 837-4966.
As of March 2019, cable operators take the position that a so-called price guarantee - for example, a fixed price in exchange for a two-year contract - does not prevent the company from adding new fees or surcharges, or increasing existing surcharges at will, so that the subscriber has to pay more to receive the purchased service tier. Such surcharges include the “broadcast fee” and “regional sports network fee” (see separate FAQ on those charges). The company may also raise its rates for the equipment needed to receive the service, such as a set-top box.
Cable operators may also change the programming on the selected tier at any time. If the company moves off the tier some of the channels the subscriber wants, the subscriber may have to pay more for a package that includes the desired programming.
Consumers are advised to recognize these limitations when signing up for a cable provider contract that promises a “fixed” price for the contract term.
Fairfax County’s cable franchise agreements require the cable operators to pay for the use of the public rights-of-way through (among other things) support for Public, Educational and Government (PEG) cable channels. Federal law allows the cable operators to itemize these fees on subscriber bills. A portion of these fees goes to support Fairfax County Government Channel 16, and the County institutional network.
These fees are add-on charges by the cable company. The “broadcast fee” represents some part of what local broadcasters charge the cable TV provider to carry their channels. Similarly, the “regional sports network fee” itemizes some part of the cable provider’s cost for carrying regional sports channels on their system. Neither charge is a government-required fee, tax or pass-through. Rather, itemizing such amounts separately increases the money the cable provider receives from subscribers while allowing it to quote or advertise a lower rate for the cable service package itself. Under federal law, Fairfax County has no authority to set cable rates.
A homeowner’s property rights are subject to “easements” that allow other parties to use parts of the property for certain purposes. For example, a utility easement generally allows public utilities to run their lines through a yard next to the street.
The documents a homeowner received when closing the sale usually include a title search or property plat showing the easements on the property at the time of purchase. Easements are also recorded on the property’s title records, which can be searched at Land Records on the third floor of the County courthouse (main number 703-246-4102, information desk 703-246-4102).
For further information, see Homeowners Have Rights During Utility Construction.
In the County, public access channels are provided by an independent 501(c)(3) entity, Fairfax Cable Access Corporation (also known as Fairfax Public Access). A public access channel is open to any lawful speech. The views expressed on public access are not those of the County or of FCAC, but only those of the individual speakers on each program.
The First Amendment to the Constitution prevents a government from censoring what citizens say on public access channels. Thus, even if programming is false or otherwise objectionable, a speaker is free to present that programming as long as it is not unlawful. (For example, obscenity, as defined by law, may be prohibited; but political views with which the County disagrees may not be prohibited.)
The American right to free speech is based on the principle that the best antidote to bad speech is better speech. Thus, those who disagree with objectionable programming are free to refute it. Public access studios are open to those who wish to develop forceful rebuttals. The County encourages cogent, effective responses to “hate speech” and misinformation.
As distinct from public access channels, educational and governmental channels are directly controlled by the educational and governmental institutions that operate them. Questions concerning material on Fairfax County Government Channel 16 may properly be directed to the County.
For further information regarding the County’s public access channels, citizens may contact Chuck Finn Peña, Executive Director of Fairfax Public Access, at 571-749-1100 or cpena@fcac.org. General questions regarding cable programming may be addressed to the Communications Policy and Regulation Division of the Department of Cable Communications and Consumer Protection at 703-324-5902 or cprd@fairfaxcounty.gov.
Commercial broadcast stations can elect to require carriage on cable systems (“must carry”), or negotiate with the local cable provider to carry their programming for a price (“retransmission consent”). If the broadcaster chooses retransmission consent, and does not reach an agreement with the cable operator, the broadcast channel will be removed from the cable system.
Noncommercial broadcast stations operate under a different set of must-carry rules. 47 USC § 535
Under federal law, the County cannot require a cable operator to carry particular channels in its programming packages. See 47 U.S.C. § 544(a)-(b).
Under normal conditions, a cable operator does have to provide subscribers with thirty days’ advance notice of channel changes. 47 C.F.R. § 76.1603(b)-(3).
Yes, you can take action against unwanted telemarketing calls and robocalls, and recent FCC rules make it easier than ever.
1. Revoking Consent: The FCC's 2024 rules simplify how you can revoke consent for robocalls and robotexts. You can opt out through any reasonable method, and robocallers must honor your request within 10 business days. Click here for more information.
2. Enhanced Text Blocking: Starting September 3, 2024, mobile service providers are required to block text messages that are likely illegal. This includes texts from numbers on a Do-Not-Originate (DNO) list—such as invalid, unallocated, or unused numbers. Providers must also block texts from numbers you’ve specifically requested to be blocked. Click here for more information.
3. National Do-Not-Call Registry Protections: The National Do-Not-Call (DNC) Registry now includes text messages. Providers must ensure that email-to-text services require explicit opt-in from consumers and cannot use a single consent to send unwanted messages. Click here for more information on the National Do-Not-Call Registry.
During the 2020 legislative session, Virginia adopted a new law (HB 831) expanding the rights of electric utilities (such as Dominion Energy and NOVEC) and communications providers (such as Comcast, Cox and Verizon) to place new facilities in easements, limiting the rights of property owners. Among other things, the law sets strict time limits for obtaining relief and limits what compensation homeowners may recover for damages. Because most private property in the County has existing utility and communications easements, County homeowners should be aware of how this law impacts their property rights.
The law became effective on July 1, 2020, and is codified in the Virginia Code at § 55.1-306.1.
What are easements?
An easement is a right granted by a property owner to another party allowing that other party to use the owner’s land for a particular purpose. For example, a single-family home is typically subject to an easement that allows utilities to use a strip of land along the roadway to install their power lines. Similarly, telephone companies and cable TV providers are granted easements to allow the providers to install communications lines across the owner’s property for telephone, Internet, and cable TV services.
What does the 2020 law do?
The Virginia legislature adopted HB 831 at the behest of electric utilities and communications providers to make it easier for these providers to provide broadband and other communications services. The law gives communications providers an automatic right to use any electric easement, unless that easement specifically prohibits its use for communications.
To prevent homeowners from claiming that this new grant to communications providers intrudes on their property rights, the law states that the new rights granted to communications providers are “merely changes in the manner, purpose, or degree of the granted use,” and do not interfere with or take any rights away from the owner of the property.
HB 831 also includes a number of specific, substantive provisions that affect property owners’ rights. For example, the law states that:
• Property owners are not entitled to any additional compensation from the utility or communications provider for the new use of the easement, unless an additional utility pole is installed in the easement.
• Any lawsuits after July 1, 2020, for trespass, seeking damages from an incumbent utility or communications provider, are limited to actual financial damages only.
• Landowners must bring any action against an incumbent utility or communications provider within 12 months of the time any overhead facilities are installed or any underground facilities are discovered. If notice has actually been mailed to the landowner or occupant, the time period is reduced to 6 months.
• All claims for trespass are forever barred unless the landowner has filed within 12 months a written statement addressed to the incumbent utility and, if known, the communications provider detailing the alleged violation.
The foregoing information is not legal advice and is provided for informational purposes only. If you have concerns regarding the impact of the new easement law on your property rights, you may want to consider contacting an attorney.
For your safety, never attempt to trim any plants or trees that are touching or growing near power lines. Untrained individuals are at risk of serious or fatal injury. If you wish to hire a contractor to trim vegetation near power lines, first call Dominion Energy at 866-366-4357. Dominion can refer you to trained professionals who are OSHA-certified for this kind of work. For further information, see Dominion’s Tree Trimming Brochure.
You can find the information here
- Who is responsible for cellular coverage issues?
The actual coverage is determined by cellular carriers, though the Department of Planning and Development, Fairfax County Zoning Authority, has some control over the placement of cellular facilities (such as towers). - How can I report poor cellular coverage?
You can report coverage issues through the FCC's online Consumer Complaint Center. While the FCC does not directly resolve coverage problems, they track complaints and encourage carriers to improve service based on reported issues. - What other actions can I take to improve coverage?
- Engage local officials about coverage concerns in your community.
- Organize community efforts to highlight larger coverage problems.
- Consider switching to an alternative carrier that offers better service in your area.
For more information on carrier coverage obligations, visit the FCC’s Construction Requirements by Service page.
What is the Broadband Label Order?
The Broadband Label Order, adopted by the Commission on November 14, 2022, mandates that broadband Internet access service providers, including cable providers, display a consumer label containing essential information about their service offerings at the point of sale. This initiative is part of the broader implementation of the Infrastructure Investment and Jobs Act.
What information must be included on the broadband consumer label?
Cable providers must include the following information on their broadband consumer labels:
- Pricing Details: Monthly costs, including any promotional or introductory rates.
- Introductory Rates: Specific terms and duration of any introductory offers.
- Data Allowances: Information on data caps or unlimited data options.
- Performance Metrics: Expected upload and download speeds, latency, and reliability.
When do cable providers need to comply with the label display requirements?
As of October 10, 2024, all cable providers must comply with the label display requirements.
How will cable providers ensure compliance with the formatting and display requirements?
Cable providers must adhere to the Commission's defined formatting and display location requirements to ensure that consumer labels are clear, legible, and prominently displayed. This may include placement in retail locations, promotional materials, and online platforms.
How can cable customers access the broadband labels?
Cable providers must make the labels accessible in online account portals by October 10, 2024. This means customers should easily find detailed information about their service plans when managing their accounts online.
Where can I find more information about the Broadband Label Order specific to cable services?
For more detailed information, you can refer to the Public Notice DA-24-1276A1.pdf released December 19, 2024. Additionally, you may contact your cable provider for specific inquiries."
The update includes the new release date and the updated public notice reference.
Exclusive Access and Service Agreements in Multiple Dwelling Units (MDUs)
Key Questions
Can a cable company have an exclusive contract for an MDU?
No, cable companies (or any company providing television or Internet services) cannot sign contracts that give them exclusive rights to provide service to a specific MDU. This ensures multiple providers can offer services to tenants.
Can there be exclusive revenue sharing agreements?
In particular, cable operators and Internet providers cannot make exclusive deals where they receive compensation just for being the only provider allowed to offer service in an MDU.
Background
What is the rule on exclusive access to MDUs? The Federal Communications Commission (FCC) prohibits cable operators and other multichannel video programming distributors (MVPDs) from enforcing or entering contracts that grant them the exclusive right to provide video programming services to residents in multiple dwelling units (MDUs). Any such exclusivity clauses are considered null and void. See 47 C.F.R. § 76.2000(a).
What is an MDU? MDU stands for Multiple Dwelling Unit. The FCC also uses the term “Multiple Tenant Environment.”
What qualifies as an MDU under FCC regulations? An MDU includes:
- Apartment buildings, condominium buildings, and cooperatives
- Gated communities, mobile home parks, and garden apartments
- Other centrally managed residential real estate developments
MDUs do NOT include:
- Time share units
- Academic campuses and dormitories
- Military bases
- Hotels and Rooming Houses
- Prisons, jails, and halfway houses
- Hospitals, nursing homes, or assisted living facilities
Can a cable company have an exclusive marketing arrangement with an MDU?
A cable or Internet provider is allowed to negotiate exclusive marketing deal with an MDU, in which the MDU manager provides tenants or prospective tenants with information only about that provider’s service. Other providers are not excluded, but their marketing materials aren’t made available by the MDU manager.
What are the disclosure requirements for exclusive marketing arrangements?
If a cable or Internet provider has an exclusive marketing deal with an MDU, they must disclose this in all marketing materials (ads, flyers, emails) directed at tenants or prospective tenants. The disclosure must:
- Clearly state that the provider has exclusive rights to market their services, but other providers can still offer services.
- Be presented in a clear, legible manner.
When did these rules take effect?
- Exclusive revenue sharing agreements: New contracts with these arrangements were excluded after April 27, 2022. Existing contracts became unenforceable on September 26, 2022.
- Exclusive marketing arrangements: New contracts required disclosure starting August 22, 2022. Existing contracts must have included this disclosure by September 26, 2022.
For more information, refer to the FCC Multiple Tenants Environment factsheet and regulation 47 CFR § 76.2000.
What is the "all-in" pricing rule?
The "all-in" pricing rule requires cable and satellite providers to display the full cost of video services as a single line item on your bill and in all marketing materials. This includes any extra charges such as broadcast fees, regional sports fees, and programming costs, ensuring a clear, transparent pricing structure.
When do these new "all-in" pricing rules go into effect?
The new rules, set by the Federal Communications Commission (FCC), went into effect on April 19, 2024. Providers had until December 19, 2024, to fully comply with the new regulations.
Why was the "all-in" pricing rule introduced?
The goal of the rule is to eliminate hidden costs and ensure clear pricing for consumers. This helps buyers better compare competitive prices and understand exactly what they’re paying for.
What do I need to look for on my bill?
You should now see the total cost of video services listed as a single line item, which includes all associated charges such as broadcast fees, regional sports fees, and programming costs.
What should I do if my provider isn't displaying the "all-in" price?
If you do not see the "all-in" pricing on your bill, contact your provider to resolve the issue. If the issue is not resolved, you can contact the Communications Policy and Regulation Division (CPRD) for assistance at:
- Email: cprd@fairfaxcounty.gov
- Phone: 703-324-5902
What can I find more information about the "all-in" pricing rule?
For additional information, please visit FCC's website to read the full news release, Report and Order, and CFR.