March 22, 2021. The case of City of Eugene, OR v. FCC will go on as scheduled on April 15, despite the fact that the FCC asked to put the case “in abeyance for 120 days…in light of recent changes in the membership and leadership of the Commission.” The NCTA, the cable TV lobby group and an intervenor in the case, objected to the FCC’s motion saying it would be harmed by the delay. The court agreed with the NCTA.
The case is about the FCC’s 2019 Third Report and Order Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984, 34 FCC Rcd 6844 (2019). This Order reinterpreted the federal Cable Act to mean that the total of in-kind support and franchise fees paid to cities by cable operators could not exceed 5% of video gross revenues. MORE
