NATOA, PEG Ask Appellate Court to Amend Franchising 'Shot Clock Rule

Local cable regulators have asked the US Court of Appeal for the Sixth Circuit to reconsider its decision supporting the 2007 ruling by the Federal Communications Commission mandating that local governments approve new franchising applications in 90 days or less. The appeal alleges that the appeals court decision, issued June 27, conflicts with rulings of the Supreme Court and the Sixth Circuit's own precedents. The request for an en banc rehearing (asking all of the Sixth Circuit judges to consider the legal question, not just a limited panel) was filed Aug. 11. The request was filed by the National Association of Telecommunications Officer and Advisors, the Alliance for Community Media and the Alliance for Communications Democracy. The groups argue that federal and circuit court decisions expressly give state and local authorities, not the federal agency, authority over cable franchising. The earlier decisions alter the balance of powers among state, local and federal authorities, the en banc request states. Further, the Supreme Court has ruled that agencies can't create remedies where Congress has already specified one.