Cable LFA Challenge Intervenors Say FCC Order Jeopardizes Public Safety

Even if the Cable Act is ambiguous about what's meant by franchise fees, the FCC's cable TV local franchise authority (LFA) order ignored the reliance interests of state and local governments and the investments made in communications networks, assuming traditional cable franchise fee practices would remain in place. That's according to New York City, NATOA and various Florida cities in an intervenor brief Monday (in Pacer, docket 19-4161) with the 6th U.S. Circuit Court of Appeals. They're interveners in a consolidated challenge of the FCC's 2019 LFA order (see 2005150019). Important public safety infrastructure uses the public, educational and government channels and I-nets, and the order jeopardizes law enforcement and public safety functions, they said. If there must be some kind of compensation for franchise obligations, the FCC didn't explain why it should be set at market value or how to determine that amount, they said. The FCC didn't comment.