Alliance for Community Media v. Federal Communications Commission

529 F.3d 763 (2008)

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Alliance for Community Media v. Federal Communications Commission

United States Court of Appeals for the Sixth Circuit
529 F.3d 763 (2008)

SC

Facts

The 1992 Cable Act amended § 621(a)(1) of the Communications Act of 1934. The amendment sought to spur cable competition by removing any limitations on local franchising authorities (LFAs) granting a license to more than one cable operator in their territories. The amendment provided that an LFA could not unreasonably refuse to grant an additional license. After the amendment alone did not increase cable competition, the Federal Communications Commission (FCC) (defendant) opened a rulemaking to further the amendment’s purpose. In 2006, the FCC issued an order that, among other things, imposed timeframes within which an LFA must respond to license applications and placed limits on buildout requirements an LFA could impose on a cable operator as a condition of a new license. The Alliance for Community Media (plaintiff) filed a petition for review of the order in federal court, arguing that (1) the FCC did not have authority to impose the rules because the FCC did not appear in § 621(a)(1), and (2) even if the FCC had authority, its interpretation of § 621(a)(1) was unreasonable.

Rule of Law

Issue

Holding and Reasoning (Cole, J.)

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Casebooks

Communication Law

Key Terms