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From: Multichannel News

Local Government Groups Oppose FCC Order

April 3, 2007
By Linda Haugsted

The Federal Communications Commission’s recent order requiring local governments to approve applications from new video providers in 90 days represents an “abuse of discretion” and violates federal law, according to petitions for review filed Tuesday by a coalition of local government groups.

The challenges were filed in the U. S. Courts of Appeal for the Third, Fourth and Sixth Districts. The petitions for review were filed on behalf of the Alliance for Communications Democracy, the Alliance for Community Media, the National Association of Counties, the National League of Cities, the National Association of Telecommunications Officers and Advisors and the U.S. Conference of Mayors.

The petition challenges an FCC ruling released March 5. When an application for video certification is made in a city by a telephone company that already has facilities in city rights of way, the city must act on that request within 90 days, according to the order. The FCC concluded that current municipal proceedings drag on too long, frustrating competition.

The appellants argued that the FCC order violates the U.S. Constitution, the federal Communications Act and the public-notice requirements of the Administrative Procedure Act.

The order would result in a reduction in revenues to local governments in the form of fees for the use of the public rights of way and the loss of services such as free video connections to government offices and schools, the coalition asserted.