Leased Access Rules Can't Survive First Amendment Scrutiny, Say NCTA, Comcast and Charter
The FCC should conclude that its leased access rules are “unconstitutional,” said NCTA, Comcast and Charter in a meeting Wednesday with Media Bureau Chief Michelle Carey and Media Bureau staff, according to an ex parte filing posted Monday in docket…
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.
07-42. “While we recognized that the agency cannot itself invalidate the leased access statute, we urged the Commission to also take steps to reduce the First Amendment burdens imposed by the current rules,” the filing said. The FCC should eliminate the existing rate formula and allow leased access rates to be determined through negotiations, the filing said. Alternatively, the FCC should allow rates to be calculated using “a tier-specific implicit fee calculation,” the filing said.