Free State Foundation: FCC Got Local Franchise Authority Remand Right

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The Free State Foundation is hailing the Federal Communications Commission's planned Sept 26 vote on an item regarding local franchising authorities (LFAs) as important and appropriate pushback on localities trying to re-regulate internet access. Free State Foundation senior fellow Seth Cooper called the proposal "legally solid" and said it would "protect Internet services from regulatory overreach" by "keeping local regulators in check consistent with the Communications Act."  Local franchising authorities trying to tie broadband regulations to traditional video service franchises is a flashpoint like net neutrality reclassification that the FCC move would try to head off with the vote. The FCC is proposing that a federal courts "mixed-use network ruling should be applied to prohibit LFAs from using their video franchising authority to regulate non-cable services offered over cable systems by incumbent cable operators." A court has remanded the FCC's earlier establishing that prohibition, so the current FCC is telling the court the FCC was right the first time, as is Cooper, who says this time around, the FCC has made a persuasive case for that Congress "intended to bar LFAs from regulating information services."


Free State Foundation: FCC Got Local Franchise Authority Remand Right