NCTA Pushes FCC to Use Title VI, Section 253 Authority on Local Barriers
The FCC should use Title VI authority to make clear regulatory authority of cable franchising authorities doesn't extend beyond cable, NCTA said in a docket 17-84 filing Tuesday. It said operators are running into demands by local governments for new…
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authorizations and fees beyond the cable franchise and routine permits. It said the ruling should confirm that a franchise giving authority to build a cable system includes an OK to put in communications equipment to provide non-cable services without needing separate authorization or more fees. The FCC should declare local governments can't abuse the permitting process, such as through delays, as a roundabout way of forcing authorizations and fees from cable operators. NCTA said the FCC should declare that franchised cable operators have a right under Section 621(a)(2) of the Communications Act -- which covers rights of way and easements -- to use compatible utility easements and that owners of private easements can't restrict a franchised cable operator’s rights to use compatible easements. The association sought a declaratory ruling that any costs incurred by a cable operator and not reimbursed by a franchising authority are considered franchise fees treated differently from expenses incurred by other providers. NCTA said the agency has additional authority under Section 253, covering pre-emption of state laws, to address local and state laws that are barriers to broadband deployment.