Coalition Blasts FCC for Unlawful, Arbitrary and Capricious Ruling on Video Franchising

COALITION BLASTS FCC UNLAWFUL, ARBITRARY AND CAPRICIOUS RULING ON VIDEO FRANCHISING
[SOURCE: Press Release]
A coalition of local government and non-profit groups has asked the United States Court of Appeals for the Sixth Circuit to overturn the video franchising Order issued by the Federal Communications Commission (FCC) in March 2007. The groups argue that the FCC had no statutory authority, acted in an arbitrary and capricious manner, and violated public notice requirements when it issued its Order. "The FCC overrules Congressional intent, sets aside court jurisdiction, and wants us to ignore community needs," said Donald J. Borut, executive director of the National League of Cities (NLC), one of the organizations filing suit. "The FCC's action is purely a contrived and transparent attempt to legislate." The Order strips local governments of their authority to protect the public health, education, welfare and safety of local residents, in violation of the Cable Act. The purpose of the Cable Act is to ensure the availability of cable services in the community and that those services serve the public interest. Franchising protects public and private property from abuse, and provides for community channels and public safety networks. Congress recognizes the property rights involved and the importance of these media outlets within our communities. As a result, Congress has repeatedly reinforced that local governments are best suited to determine these needs and interests -- not the FCC.
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