Local Governments Ask Court to Stay
FCC Ruling on Video Franchising
Washington, DC – June 20, 2007 – Local
government and nonprofit organizations
from around the country today asked a federal appeals court to block,
pending judicial review, implementation of the recent franchising order adopted
by the Federal Communications Commission (FCC), which may otherwise go fully
into effect in the next several weeks. The organizations assert that the FCC
Order will severely restrict the ability of local governments to protect their
citizens, rights-of-way, community channels and public safety networks.
The organizations assert that the request for Stay is in the public interest
since, among other things, under the FCC Order, “local franchising authorities
will be forced to rush franchising decisions without being given an opportunity
to ensure the interests of the public, including safety concerns, are met.”
According to the Motion for Stay filed
today in the Sixth Circuit Court of Appeals, “The ‘Alice in Wonderland’-like
quality of the Order, where up is down and down is up, is readily
apparent.” For example, in the Order the FCC created an arbitrary 90-day
shot-clock for local governments to negotiate, review, obtain public comment and
enact new franchise agreements even though Congress, under the Communications
Act, gives local governments longer periods to complete more straightforward
tasks, such as approving transfers or modification requests. The
organizations are also concerned that the Order will accelerate the widening of
the digital divide, and result in a “race to the bottom, with local governments
stripped of their authority to ensure that the public interest is
protected.”
The organizations participating in today’s
Motion for Stay include the
Additionally, the organizations contend
that if implemented without a court’s review, the FCC Order will cause
irreparable harm to local communities and the citizens they serve, because among
other things, the Order preempts important local laws and agreements, and
undermines the ability of local governments to protect their citizens.
Congress has long established that local franchising authorities have the right
to negotiate franchise agreements that meet the communities’ needs and interests
since they contain provisions for community resources, including public,
educational, and government access channel capacity, programming support, and
access to the services by schools, libraries, police and fire departments
throughout our communities.
The organizations filed Petitions for
Review of the FCC Order in April 2007, stating that the Order “exceeds the FCC’s
statutory authority,” is “arbitrary and capricious,” and “an abuse of
discretion, unsupported by substantial evidence, and in violation of the United
States Constitution.” The Order also “violates both the Communications Act
and Administrative Procedure Act’s public notice requirements,” according to the
Petitioners. Those Petitions are now pending action in the United States
Court of Appeals for the Sixth Circuit.
For more information or for a copy of the
Joint Motion for Stay, contact:
NACo:
Jim Philipps, 202-942-4220, www.naco.org
NLC:
Sherry Conway Appel, 202-626-3003, or Christina Loftus, 202-626-3173, www.nlc.org
NATOA:
Steve Traylor, 703-519-8035, www.natoa.org
USCM:
Elena Temple, 202-861-6719, www.usmayors.org
ACD:
Barbara Popovic, 312-738-1400, www.acd.org
ACM:
Anthony Riddle, 202-393-2650, www.alliancecm.org