Local Governments Seek Rehearing in Appeal of FCC’s Cable Franchise Order

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Local governments and municipal organizations have filed Petitions for Rehearing asking the 6th Circuit Court of Appeals to revisit the May 26, 2021 Decision by a three-judge panel upholding portions of the FCC’s September 2019 Third Report and Order interpreting the definition of “franchise fees” and other provisions of the federal Cable Act.  The Petitions ask the Court for rehearing with respect to the finding that most cable franchise requirements are “franchise fees” under the Cable Act as well as with respect to the preemption portion of the decision, which upheld the FCC’s preemption of the City of Eugene, Oregon’s fee as applied to the broadband services provided by cable operators