Regulators Fight FCC’s 90-Day Shot Clock

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REGULATORS FIGHT FCC'S 90-DAY SHOT CLOCK
[SOURCE: Multichannel News, AUTHOR: Linda Haugsted]
Local regulators across the country challenged the Federal Communications Commission’s so-called “90-day shot clock,” calling it an abuse of power, and the agency’s latest order clarifying its application of the rule has also been appealed in court. Montgomery County (MD), on behalf of other challengers of the FCC rules on franchising, appealed the latest order in the U.S. Court of Appeals for the Fourth Circuit on Dec. 6. The county’s appeal asserts that the most recent order “exceeds the FCC’s statutory authority, is arbitrary and capricious and violates the Fifth and Tenth Amendments to the U.S. Constitution,” among other legal claims. These are similar to the abuse of regulatory discretion claims made in the challenge to the original, March 5, franchising order. That legal challenge is still pending before the U.S. Court of Appeals for the Sixth District.
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