International Trade Today is a Warren News publication.

District Court Ruling Reinforces Mixed-Use Rule Validity, NCTA Tells FCC

A U.S. District Court decision enforcing the mixed-use rule reinforces the point that the FCC doesn't need to reopen the order on that rule and shouldn't do so, NCTA told Office of General Counsel and Media Bureau staff, in a…

Sign up for a free preview to unlock the rest of this article

If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.

docket 05-311 posting Tuesday. The district court confirmed in June in a partial summary judgment order the 6th U.S. Circuit Court of Appeals found the FCC's mixed-use rule valid, NCTA said. It repeated its argument (see 2205100051) that to implement the 6th Circuit decision, the FCC just needs to tweak wording on in-kind contributions, and can use a ministerial order that doesn't require notice and comment. U.S. District Judge Michael Simon granted plaintiff/counterclaim-defendant Comcast partial summary judgment on one of its claims against Beaverton, Oregon, which it was suing over the rights-of-way fees the city was charging for Comcast's broadband service provision.