6th Circ. Vacates And Remands FCC Rules

Law360, New York (July 13, 2017, 8:47 PM EDT) -- A Sixth Circuit panel has vacated Federal Communications Commission rules that barred local governmental authorities from regulating the provision of non-telecommunications services by incumbent cable providers as well as its decision to interpret so-called in-kind cable-related exactions as franchise fees, according to an order issued on Wednesday.

Maryland's Montgomery and Anne Arundel counties and a number of other localities in various states asked the appeals court to review two orders issued by the FCC in 2015 that govern how local governments can regulate cable companies and services, arguing that the agency misinterpreted the Communications Act and lacked a sufficient explanation for...

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