If FCC Drops Cable LFA Appeal Fight, NCTA Will Pick It Up
If the FCC opts not to defend its cable local franchise authority (LFA) order before the 6th U.S. Circuit Court of Appeals (see 2103110023), "NCTA could and would do so," the group told the appellate court in a sur reply…
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(in Pacer, docket 19-4161) Wednesday. It said being an intervenor would let it continue the proceeding without FCC participation. It said if the localities and others challenging the order dropped their petition, leaving the order "in legal 'limbo'" while the commission decides if wants to revisit it, NCTA would object to abandoning the appeal. "The straightforward statutory interpretation issues presented by this case are ripe for resolution," NCTA said, urging denial of the FCC's request for abeyance of the appeal proceeding. Asked by us about the cable LFA order abeyance request at a news conference after commissioner's Wednesday meeting (see 2103170061), acting Chairwoman Jessica Rosenworcel said the agency is reviewing all pending litigation, given the change in leadership and membership. She said the review is to ensure its legal positions "are exactly what they should be."