FCC Opposes Certiorari in Eugene, Oregon’s Broadband Provider Fee Case

The Federal Communications Commission says that the Supreme Court need not disturb an appellate decision ruling against the City of Eugene (OR) over its imposition of a seven percent fee on cable operators providing broadband Internet service that use municipal rights-of-way. The dispute partly stems from an FCC order governing franchising authority's ability to regulate cable operators’ provision of non-cable services. In upholding the FCC’s order, the Sixth Circuit agreed that the City of Eugene’s rights-of-way fee, as applied to cable operators’ broadband Internet service, was inconsistent with the Communications Act and therefore expressly preempted. The cities argued in favor of certiorari and contended that the decision unfairly buoys cable-only service operators over broadband Internet providers. In the FCC's response, the agency said the appellate court’s decision is not in conflict with any Supreme Court, appeals court, or any state high court decision. “Further review is not warranted,” the FCC reiterated several times.