Globalcomm: FCC wary of video franchising ‘attack’

CHICAGO--As legislation addressing the subject moves through the U.S. Congress, the Federal Communications Commission is pondering what role it should play in the process service providers go through to obtain video franchises, Commissioner Jonathan Adelstein said today.

Addressing a luncheon crowd at the Globalcomm trade show in Chicago Monday, Adelstein said proposed federal video franchising legislation--which could be voted on as early as this week--is unclear on the precise role the FCC should play in local governments’ awarding video franchises. Video providers with grievances against local franchise granters are directed to take their concerns to court rather than to the FCC, he said. “But that doesn’t mean the FCC can’t assert authority here. I think we can.”

Subjective language in the bill allows the FCC to force the granting of a video franchise if it is being “unreasonably” denied by a local authority. But exactly what constitutes “unreasonable” is not specified.

The FCC has to wield that authority carefully lest its actions be overturned in court, Adelstein said. “We’re going to get attacked on it. Whatever we do has got to be airtight.”

Regardless of the role it ends up playing or not playing in the franchising process, Adelstein said, the FCC can certainly play a role in divining ways to streamline the process and encouraging a set of best practices to make video franchising as painless as possible.

The FCC issued a notice of proposed rulemaking regarding its involvement in video franchising last November.