Regulators Ask Appellate Court To Amend Franchising ‘Shot Clock’ Rule

Multichannel News:

Local cable regulators have asked the U.S. Court of Appeal for the Sixth Circuit to reconsider its decision supporting the 2007 ruling by the Federal Communications Commission mandating that local governments approve new franchising applications in 90 days or less.

The appeal alleges that the appeals court decision, issued June 27, conflicts with rulings of the Supreme Court and the Sixth Circuit’s own precedents. The request for an en banc rehearing (asking all of the Sixth Circuit judges to consider the legal question, not just a limited panel) was filed Aug. 11. The request was filed by the National Association of Telecommunications Officer and Advisors, the Alliance for Community Media and the Alliance for Communications Democracy.

Earlier court rulings have upheld the actions of the FCC, which last year issued a report and order that eases the migration into the cable business of telephone companies and other potential competitors. In addition to the 90-day “shot clock,” the FCC said cities should apply “reasonable” build-out schedules, forbids local fees and prevents cities from requiring municipal network services in excess of those required from incumbents.

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