6th Circuit Ignored Cable Act Wording: Muni Lawyers to SCOTUS
The 6th U.S. Circuit Court of Appeals' approach in deciding the Cable Act preempts states and localities from levying cable regulatory fees on non-cable services provided using cable networks (see 210526003) violates the federalism protection in the Constitution, said the…
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International Municipal Lawyers Association and League of Oregon Cities in a Supreme Court docket 21-661 amicus brief this week.The 6th Circuit acknowledged the Cable Act doesn't expressly preempt such a fee but then said it implicitly did, ignoring the law's words and provisions Congress included to protect local authority to regulate non-cable communications services, they said. They supported petitioners Eugene, Oregon; the District of Columbia; Fairfax County, Virginia; and others.