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http://www.natoa.org/2008/08/local-governments-and-media-or.html
Local Governments and Media Organizations Challenge Court’s Ruling August 11,
2008 4:22 PM
Alexandria, VA – The National Association of Telecommunications Officers and
Advisors (NATOA) joined by its partners, the Alliance for Community Media (ACM)
and the Alliance for Communications Democracy (ACD) today filed a Petition for
Rehearing En Banc before the United States Court of Appeals for the Sixth
Circuit on its decision that upheld the FCC’s rules adopted in the First Report
and Order in the Video Franchise Docket 05-311. “We have taken this action
because our review of the panel’s decision indicates that it conflicts with
Supreme Court and circuit precedent in statutory construction principles, with
respect to federal agencies substituting judgment for state and local elected
officials, and that it failed to properly apply the arbitrary and capricious
standard for reviewing evidence supporting agency decision-making.”
“In other words, the court ignored its own prior decisions, those of other
circuits affected by its decision and those of the United States Supreme Court.
Clearly, the full court needs to consider this case, otherwise we will have a
federal agency exercising an entirely free hand where Congress gave them no such
authority, but in fact withheld that very power. The concept of our federalist
form of government, with reliance on the separation of power and respect for our
concurrent forms of jurisdiction should not be undermined by such a narrow and
ill-conceived approach,” stated Libby Beaty, NATOA’s Executive Director. “As we
stated when this decision came out, we are taking those steps we feel are
necessary to ensure that the American consumer is protected and the rights of
our communities and in our communities are not harmed.”
Download a PDF of this Press Release Here.
PRSixthCircuitPetitionEnBanc.pdf
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