US Court of Appeals Upholds FCC Franchise Order
On Friday, June 27, 2008 the U.S. Court of Appeals for the Sixth Circuit (Cincinnati, OH) issued its DECISION which ruled in favor of the Federal Communications Commission’s Franchising Order. The FCC Franchise Order, contested by NATOA, ACM, ACD, NLC and NACo, dictates a 90-day response time for local governments to grant telco requests for franchises (180 days for non-rights-of-way holders); permits redlining and reduces PEG support as well as undermines other provisions of market place negotiations between local governments and industry. Local governments have fiduciary responsibility over public property and for the protection of consumer interests, as a result Congress has long recognized our legitimate role in franchising. Neither the FCC nor the Court seem to “get it.”In response to the Wall Street Journal, NATOA Executive Director Libby Beaty stated “The federal government should not be dictating what’s going on in our local communities.” See WSJ June 27, 2008 - Appeals Court Upholds FCC Franchise Rule