Local Governments Petition Courts to Reverse FCC Video Franchise Order

By Spencer D. Chin

TMCnet Web Editor

 

The FCC’s (News - Alert) order last month to overhaul the outdated process used to grant new cable franchises is running into stiff opposition from local governments across the country, with a number of them filing petitions asking Federal courts to reverse the commission’s decision.

 

In issuing the order last month, the FCC hoped to increase competition by easing the ability of both telephony and cable companies to offer a variety of high-speed Internet data, voice, and video services over their networks. But a number of local government organizations argue instead the order would reduce the revenues received by local governments for accessing their networks, and end cable services to many governmental buildings and schools.

 

The formal Petitions for Review filed said 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."  The petition also alleges the FCC order "violates both the Communications Act and Administrative Procedure Act's public notice requirements.”

 

The groups allege that the FCC decision would favor only the largest telecom companies and ignore local interests, contrary to the premise of increasing industry competition.

 

Organizations participating in the court challenge to the FCC order 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 Officials and Advisors (NATOA), and The United States Conference of Mayors (USCM).