Bradley Werner Files Ex Parte Letter Asking Immediate Repeal Of FCC’s Mixed Use Rule And Modification Of Its In-Kind Rule Adopted In Third Report And Order
On December 8, 2023, on behalf of a nationwide group of local franchising authorities, Nancy Werner and Mike Bradley filed an ex parte letter with the FCC asking the Commission to act immediately to repeal the mixed-use rule and amend the in-kind rule adopted in its Third Report and Order in the FCC docket In the Matter of Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as Amended by the Cable Television Consumer Protection and Competition Act of 1992 (MB 05-311). The filing points out that more than two years ago, the Sixth Circuit Court of Appeals, in City of Eugene v. Federal Communications Commission rejected key portions of these rules, yet the rules remain unchanged. The filing argues that the record demonstrates the need for the Commission to act now to make these changes. In addition to conforming to Eugene, the letter further argues, these changes will support the Commission’s efforts to promote equal access to broadband and end digital discrimination.
This advocacy to amend the In-Kind Rule and repeal the Mixed-Use Rule as part of a nationwide coalition has been recognized. A January27, 2024, article by Broadband Breakfast reports that “[r]epresentatives for major U.S. cities – including Philadelphia, Seattle, and Minneapolis – were in contact with FCC officials several times in January, asking for the immediate repeal of the agency’s ‘mixed-use’ rule,” and “[o]ver the past few weeks, city representatives have held meetings with FCC Media Bureau Chief Holly Saurer and several of her deputies and an aide to Commissioner Geoffrey Starks.”