Governments Ask for Reversal of FCC Ruling on Video Franchising

by Carolyn Coleman and Sherry Conway Appel

Local government organizations representing municipal and county officials across America asked the Federal courts last week to reverse the recent franchising order adopted by the Federal Communications Commission (FCC) that would severely restrict the ability of local governments to protect their citizens, rights of way, community channels and public safety networks.

In addition, the FCC order would lead to a tremendous reduction in the revenues received by local governments for use of their rights of way, as well as loss of cable services to many governmental buildings and schools.

The formal Petitions for Review filed last week said the FCC order “exceeds the FCC’s statutory authority,” is “arbitrary and capricious,” “an abuse of discretion, unsupported by substantial evidence, and in violation of the United States Constitution.” According to the petitions, the FCC order also “violates both the Communications Act and Administrative Procedure Act’s public notice requirements.”

Besides NLC, organizations participating in the court challenge to the FCC order include the Alliance for Communications Democracy, Alliance for Community Media, National Association of Counties, National Association of Telecommunications Officials and Advisors, and the U.S. Conference of Mayors.

According to these groups, the repercussions of the FCC’s order are far reaching and extreme on numerous fronts. Local governments want competition in the video marketplace, but the FCC’s order ignores local interests, provides regulatory advantages for a few of the largest telecommunications companies in the country and is simply contrary to law in many respects.

Local government representatives also expressed concern over the loss of protections for their residents if the FCC order were to stand. According to these officials, the order provides little recognition of the need by local governments to protect public rights of way, and to ensure that all their citizens benefit from increased competition and advances in telecommunications technology — not just a chosen few.

Local governments are not alone in their disagreement with the FCC’s franchising rule. Spearheaded by FCC Chairman Kevin Martin, the rule also drew protests from Democrats on the commission as well as from Rep. John D. Dingell (D-Mich.), chair of the House Energy and Commerce Committee.

The court challenges eventually will be consolidated into one circuit following a lottery. Arguments won’t begin for several months, and the case could go on for a year or more before it is decided. The local government organizations also may ask the FCC or the courts to stay the order pending a resolution of the court challenge.

For copies of the petitions, go to www.nlc.org.