Localities, FCC, NCTA Clash at 6th Circuit Over LFA Order Stay

The FCC and NCTA disagree with localities about a proposed stay of the local franchise authority order that's subject of appeals before the 6th U.S. Circuit Court. The order (see 1908010011) took effect almost three months ago and compliance is well underway, so a stay would run contrary to the purpose of a stay by changing the status quo instead of preserving it, NCTA said in a docket 19-4163 opposition (in Pacer) this week filed with the 6th Circuit. The FCC said (in Pacer) the stay request is actually for injunctive relief, and the localities haven't shown irreparable injury if the order stays in effect. Localities seeking the stay said (in Pacer) they will suffer irreparable harm without a stay pending review, because cable operators could unilaterally withhold franchise fee payments or stop following franchise agreements, leading to "dramatic budget uncertainty." The Media Bureau denied an administrative stay.