FCC, NCTA Push Back on Cable LFA Decision Cert Petition
Eugene, Oregon, can't sidestep Cable Act preemption of regulatory fees it charges for non-cable services provided over cable networks "by simply donning a different hat" and calling its exercise of franchise power something different, the FCC told the Supreme Court…
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last week in a respondent opposition brief. Eugene petitioned for a writ of certiorari on a 6th U.S. Circuit Court of Appeals decision partially upholding the FCC's 2019 local franchise authority order (see 2105260035). The FCC said Eugene arguments that its rights-of-way fee isn't preempted because it's not limited to cable operators fail because the Cable Act bars putting requirements on cable operators' non-cable services. Intervenor NCTA said Eugene arguments that the 6th Circuit decision conflicts with an Oregon Supreme Court decision ignores that the state court decision came years before the FCC's local franchise authority decision and without the benefit of the agency's interpretation of the Cable Act or the 6th Circuit rationale for upholding it. Eugene outside counsel didn't comment.