First Amendment Issues Will 'Hasten Demise' of Cable Leased Access, FCC's O'Rielly Says

FCC cable leased access rules face big constitutional issues, and a changed video market "will likely hasten [their] demise" someday, Commissioner Mike O'Rielly tweeted Tuesday. The tweet followed a Free State Foundation blog post by Policy Studies Director Seth Cooper saying the leased access rules update on the commission's July agenda (see 2006240058) sidesteps the First Amendment problems with the rules. The FCC says in the draft order deciding on the constitutionality of the rules mandated by Congress isn't the commission's role, but Cooper said that shouldn't stop lawmakers or the courts "from acting within their own roles to address the glaring First Amendment problem." NCTA said Charter, Comcast, Cox and NCTA representatives cited administrative burdens of the leased access rules regime and the Supreme Court's Janus decision saying compelling the subsidization of speech of another private party raises First Amendment concerns, in a docket 07-42 ex parte filing recapping a discussion with an aide to Commissioner Brendan Carr.