Local-Government Groups Take On FCC
Filing Claims Agency Has No Authority to Act as Franchise Authority
By Linda Haugsted -- Multichannel News, 7/18/2007 10:56:00 AM MT
The Federal Communications Commission has no authority to act as a franchise authority or to limit the ability of local governments to protect the interest of their communities, according to a brief filed July 18 challenging the FCC's so-called shot-clock order compelling governments to admit video competitors in 90 days or less.
The brief was filed on behalf of the National Association of Telecommunications Officers and Advisors, the National League of Cities, the National Association of Counties, the U.S. Conference of Mayors, the Alliance for Communications Democracy and the Alliance for Community Media.
These organizations filed suit in the U.S. Court of Appeals for the Sixth Circuit against the FCC in April. The groups seek a reversal of the December 2006 rule-making that limits the amount of time local governments can spend vetting a video-service provider. Such providers, especially Verizon Communications and AT&T, have argued in state legislative proceedings that local foot-dragging constitutes a barrier to entry.
This latest filing in the suit argues that the FCC action infringes on states' rights and pre-empts laws ensuring fair competition. The federal agency has no evidence in its record to support its action and it violated federal public-notice obligations on this issue, according to the filing.
The FCC has no right to force local governments into a unilaterally imposed franchise agreement that serves only industry interests while ignoring the needs of local communities, the brief argued.
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