NCTA, LFAs Lobby FCC Over LFA Rules, From Opposite Ends

The cable industry and local franchise authorities are at odds over the mixed-use rule, with both sides presenting conflicting takes in FCC lobbying last week. LFA arguments that the mixed-use rule doesn't follow the law and should be repealed (see 2401080032) are incorrect, NCTA said Thursday in docket 05-311. It said the 6th U.S. Circuit Court of Appeals upheld the FCC rule, "finding that the statutory interpretation embodied in the rule is compelled by the plain and unambiguous language." NCTA said the LFAs' argument that only the cost of an LFA's use of an institutional network -- and not the cost of the network's construction -- counts toward the 5% cap on cable franchise fees also runs contrary to the 6th Circuit decision. LFAs including Los Angeles County, Dallas and Boston in the docket recapped a meeting with Chairwoman Jessica Rosenworcel's office when they urged that the agency remand its 2019 LFA order that was subject of the 6th Circuit decision so that FCC rules don't "continue to misrepresent the state of the law, leading to confusion and opportunities for obfuscation."