FCC, Franchises | JD Supra

California Governor Signs Batch “Broadband” Permit Processing Bill (AB 965); Vetoes Update to State Video Franchising Law (AB 41)

Best Best & Krieger LLP on 10/20/2023

When AB 965 goes into goes effect on Jan. 1, 2024, California local agencies will be required to undertake “batch broadband permit processing.” Batch broadband permit processing is the simultaneous processing of two or more...more

FCC Cable Franchising: In-kind and Mixed Use Rules

Best Best & Krieger LLP on 4/13/2022

PublicCEO Article Addresses Current Rules and What Happens Next - Over the last few years, the Federal Communications Commission (FCC) has been reinterpreting several key Cable Act provisions that govern cable franchise...more

Sixth Circuit Cable Order Challenged by City Coalitions

Best Best & Krieger LLP on 7/16/2021

Franchise Requirements Should Not be Treated as Franchise Fees and Cable Operators Can be Charged Fees on Non-Cable Services, Cities Argue - Three coalitions of cities filed briefs with the U.S. Sixth Circuit Court of...more

Sixth Circuit Affirms FCC Rule That Most In-Kind Contributions Are Franchise Fees

Sheppard Mullin Richter & Hampton LLP on 6/2/2021

On May 26, 2021, a Sixth Circuit panel rejected challenges by numerous municipalities to a 2019 order by the Federal Communications Commission (FCC) that most “in kind” (non-cash) contributions required by cable franchisees...more

FCC Denies Cable Franchise Order Stay Request But Provides Implementation Guidance

Best Best & Krieger LLP on 11/12/2019

When the FCC’s Cable Franchise Order became effective on Sept. 26, it upended 35 years of common understanding on what a local government could obtain in cable franchise negotiations, which could cost local governments...more

The State AG Report Weekly Update - August 2019 #5

Cozen O'Connor on 8/30/2019

2019 AG Elections- Lynn Fitch Secures Republican Nomination for Mississippi Attorney General in Runoff Election- Mississippi held a runoff election for the Republican AG primary race on August 27, 2019....more

FCC Releases Cable Order that Will Cost Communities Hundreds of Millions of Dollars

Best Best & Krieger LLP on 8/6/2019

The FCC released its third Section 621 Report and Order late Friday, which has the potential to cost local governments hundreds of millions of dollars in cable franchise fees. Also, unlike FCC cable orders in the past 10...more

FCC Confirms Most In-Kind Contributions Are Franchise Fees, Curtails Regulation and Taxation of Internet Services on Mixed-Use...

Davis Wright Tremaine LLP on 8/6/2019

On August 1, 2019, the Federal Communications Commission (FCC) ruled that most non-cash (in-kind) assessments required by cable franchises constitute franchise fees subject to the 5% cap under the Communications Act. ...more

Sixth Circuit Vacates FCC Cable Franchise Rules on Mixed-Use Networks and Treatment of In-Kind Payments, Remands for Further FCC...

Davis Wright Tremaine LLP on 7/17/2017

On July 12, 2017, the U.S. Court of Appeals for the Sixth Circuit vacated two parts of the Federal Communications Commission’s decisions that had limited the ability of local franchising authorities (LFAs) to regulate...more

Municipal Cable Franchise Transfer Toolkit

Best Best & Krieger LLP on 5/29/2015

A cable operator generally cannot transfer control of its business or transfer its cable franchise without the prior approval of the franchising authority. This gives the franchising authority the opportunity to resolve...more

FCC Clarifies That Competitive Cable Franchising Rules Do Not Preempt State Franchising Laws, And Affirms Application Of Its 621...

Davis Wright Tremaine LLP on 1/28/2015

Nearly eight years after issuing its so-called “621 Order” limiting local governments’ actions and authority over competitive cable franchising, and its 2007 Second Report and Order which extended to incumbent cable operators...more

Federal and State Agencies Considering Telecom Regulations that Could Dramatically Impact Local Authority - BB&K's Joseph Van...

Best Best & Krieger LLP on 6/27/2013

Federal and state agencies are considering new regulations that could dramatically affect local authority to ensure communications companies –including wireless companies and cable/video franchises – serve the public well and...more

The United States Federal Communications Commission › Franchises

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