Local Government and Non-Profit Groups File Brief in Lawsuit Challenging FCC Franchising Rules

On July 18, 2007, a coalition of local government and non-profit groups filed a brief with the United States Court of Appeals for the Sixth Circuit urging the Court to overturn the video franchising Order issued by the Federal Communications Commission in March 2007.  The coalition, which includes the National Association of Telecommunications Officers and Advisors, National League of Cities, National Association of Counties, Alliance for Community Media, Alliance for Communications Democracy, and the US Conference of Mayors, assert that the FCC had no statutory authority, acted in an arbitrary and capricious manner, and violated public notice requirements when it issued its Order.

The Order strips local governments of their authority to protect the public health, education, welfare and safety of local residents in violation of the Cable Act.  The purpose of the Act is to ensure the availability of cable services in the community and that those services serve the public interest.  Franchising protects public and private property from abuse, and provides for community channels and public safety networks.  Congress recognizes the property rights involved and the importance of these media outlets within our communities.  As a result, Congress has repeatedly reinforced that local governments are nest suited to determine these needs and interests - not the FCC.

Click here to read the coalition's brief.

 

National Associations Asks Federal Court to Block FCC Franchising Rules

Local government and nonprofit organizations from around the country have asked the United States Court of Appeals for the Sixth Circuit to block the implementation of the recent franchising order adopted by the Federal Communications Commission (FCC).  The Order, which may go into effect in the next few weeks, will severely restrict the ability of local governments to protect their citizens, rights-of-way, community channels and public safety networks.  The request for Stay is in the public interest since under the Order “local franchising authorities will be forced to rush franchising decisions without being given an opportunity to ensure the interests of the public, including safety concerns, are met.”

 

The Order will cause irreparable harm to local communities and the citizens they serve because, among other things, it preempts important local laws and agreements, and undermines the ability of local governments to protect their citizens.  Congress has long established that local franchising authorities have the right to negotiate franchise agreements that meet the communities’ needs and interests.

 

The organizations participating in the Motion for Stay include the Alliance for Communications Democracy (ACD), Alliance for Community Media (ACM), National Association of Counties (NACo), National League of Cities (NLC), National Association of Telecommunications Officers and Advisors (NATOA), and The United States Conference of Mayors (USCM).  In April 2007, the organizations filed Petitions for Review of the Order, stating that the Order “exceeds the FCC’s statutory authority,” is “arbitrary and capricious,” and “an abuse of discretion, unsupported by substantial evidence, and in violation of the United States Constitution.”  The Order also “violates both the Communications Act and Administrative Procedure Act’s public notice requirements,” according to the Petitioners.  Those Petitions are now pending court action in the Sixth Circuit.

Click Here to view the Stay Request

Click Here to view the Petition for Review  

Read the FCC Order here:

R&O & NPRM: Word | Acrobat
News Release 12/20/06: Word | Acrobat
Martin Statement: Word | Acrobat
Copps Statement: Word | Acrobat
Adelstein Statement: Word | Acrobat
Tate Statement: Word | Acrobat
McDowell Statement: Word | Acrobat