NCTA, Cable Operators Push FCC on Affirming Mixed-Use Rule

NCTA and cable operators are urging the FCC to affirm the mixed-use rule in light of the 6th U.S. Circuit Court of Appeals decision in July rejecting the agency counting various in-kind charges toward franchise fees (see 1707120039), in a docket 05-311 ex parte filing posted Monday. It said that affirmation is necessary because local franchising authorities still are subjecting non-cable services delivered over cable systems to "duplicative regulations and fees." The cable interests told the Media Bureau the "substantial" non-cash contributions LFAs seek in the franchising process should qualify as franchise fees under the Communications Act, meeting staff including Chief Michelle Carey. Charter, Comcast, Cox Communications and NCTA were represented.