Oregon City Seeks Rehearing of 6th Circuit on LFAs
The 6th U.S. Circuit Court of Appeals' partial rejection of a consolidated challenge to the FCC's 2019 local franchise authority order (see 2105260035) wrongly said the order preempts a telecom services fee charged by Eugene, Oregon, when it applies to…
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broadband services provided by cable operators. That's per a petition (in Pacer, docket 19-4161) for rehearing and for rehearing en banc filed Monday by petitioner Eugene. The city said the FCC ignored a 2016 Oregon Supreme Court decision on the fee's validity under the Cable Act, and rehearing is needed to resolve that conflict and to address the 6th Circuit's inversion of "the longstanding presumption against implied federal preemption of state and local taxing authority." The FCC didn't comment.