Trade Law Daily is a Warren News publication.

Localities Resisting LFA FNPRM

Localities are raising red flags about the FCC Further NPRM approved in September that would treat cable operators' in-kind contributions required by local franchise authorities as franchise fees and subject to a cap (see 1809250017). The FNPRM "threatens to limit…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

or eliminate public, educational and government access channels all meant to better help inform and empower the public" through smaller franchise fee payments, Oakdale said in a docket 05-311 posting Monday. Malibu and Colma, California, were among the many sending nearly identical letters. With some cable operator expenses like institutional network capacity costs and access channel costs passed along to subscribers, letting those MVPDs deduct the fair-market value of those costs from their franchise fees would essentially let them double-recover, giving them a windfall, the Massachusetts Municipal Association said. MMA said the proposal could hurt PEG channel access because municipalities would be forced to move resources from other areas to PEG programming or see the scope of the channels reduced or eliminated. It said letting operators install equipment for non-cable services such as small cells in rights of way without local regulation or compensation would also be a windfall at taxpayers' expense.