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LFAs Still Have Broad Franchise Fee Authority, FCC Tells 6th Circuit

Contrary to claims by challengers to the FCC's cable TV local franchise authority order (see 1909120028), local franchise authorities can still require I-nets and public, educational and government channel access, and they still have substantial authority to determine how to…

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use franchise fees that remain after the value of those obligations is counted against the franchise fee cap. That's per an FCC response brief Wednesday (in Pacer, docket 19-4161) with the 6th U.S. Circuit Court of Appeals. The commission said it "reasonably" decided to count the fair-market value of those cable-related in-kind contributions instead of cable operators' actual costs.