Number
070052
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution reserving and appropriating up to $10,000 from the Special Purpose Account - Outside Counsel/Expert Witness Fund for the purpose of engaging Miller & Van Eaton, P.L.L.C., in actions challenging a Federal Communication Commission ruling limiting municipal authority over cable video franchising.
Analysis
This resolution reserves and appropriates up to $10,000 from the Outside Counsel/ Expert Witness Fund of the Office of the City Attorney for the purpose of engaging the firm of Miller & Van Eaton in a multi-party action challenging the Federal Communication Commission (FCC) ruling of December 20, 2006, published March 5, 2007, substantially altering the manner in which municipalities may negotiate, implement and regulate local cable video franchising agreements. In addition to the Miller & Van Eaton coalition, numerous other organizations and coalitions across the country are challenging the FCC ruling in various U.S. Courts of Appeal including the United States Conference of Mayors, National Association of Counties and the National League of Cities. Among other issues, the appellants will argue that the ruling is beyond the lawful jurisdiction of the FCC and beyond the powers delegated to the FCC by the United States Congress.
The new FCC ruling imposes a 90-day period during which municipalities must make a decision to deny or accept an application from any new entrant into the franchise market. The ruling endangers public, educational and government (PEG) resources to assure equal access to modern training and equipment used by commercial media. The ruling prohibits local franchising authorities (LFAs) from negotiating for more than the 5% community compensation fee. The ruling limits funding for Institutional Networks (I-Nets) endangering an important potential communications tool in emergencies. The ruling also limits the “Build-Out” protections that currently allow cities ...
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