FCC: Local Franchise Authorities Can't Regulate Broadband, Deletes Item from Sept 26 Meeting

The Federal Communications Commission has voted to confirm that a local franchise authority's (LFA) ability to regulate cable service does not extend to broadband and other non-cable services. Additionally, the FCC voted to confirm that in-kind commitments those authorities get from providers as part of franchise agreements count toward the 5% franchise fee cap, with the exception of providing public, educational and government (PEG) channels. The FCC has now deleted the "Clarifying Local Franchising Authorities Regulation of Cable Operators" item from its Sept 26 meeting agenda, saying it has now already been adopted. The Free State Foundation, whose supporters include major media companies, had hailed the FCC's planned Sept. 26 vote as important pushback on localities trying to re-regulate internet access. In its vote, the FCC has now responded to a 2017 court ruling by telling the court that the "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," which includes internet access services, and clarifying that they can still regulate institutional networks.