FCC (Almost) OKs Tier-Based Leased Access Rates

The Federal Communications Commission either did or didn't vote to allow cable operators to charge leased access providers a tier-specific rate, but it was unclear what the vote meant (Leased access is the requirement that cable operators over a certain size lease a certain number of channels to unaffiliated programmers at regulated rates.) The issue arose around a Report and Order at the FCC's July 16 meeting. Because there were three "concurrences" in the item, which are sort of "yes' votes, the item has been held in abeyance until the General Counsel's office confirms that three concurrences equate to approval. This occurred after FCC Commissioner Jessica Rosenworcel asked for clarification since she was not sure the substance of the item would take effect.

Commissioner Rosenworcel and Commissioner Geoffrey Starks concurred because they have issues with the item's conclusion that the leased access rules are constitutionally suspect. Commissioner Brendan Carr, who has no issue with that conclusion, concurred because he thought the FCC should have taken a different approach that better responded to the "serious constitutional question" raised by the rules. Commissioner Carr later clarified that his was a partial dissent, and that he did approve the item. Commissioner Rosenworcel still asked for a confirmation. FCC Chairman Ajit Pai said that would happen, but given Commissioner Carr's explanation, said the item had indeed,passed.