Court Stays FCC's New Commercial Leased Access Rules

By Steven J. Horvitz
[May 2008]

On Thursday, May 22, 2008, the United States Court of Appeals for the 6th Circuit granted the cable industry's request for a stay of the FCC's recent Commercial Leased Access (CLA) rules. The stay temporarily bars implementation of any and all aspects of the new CLA requirements, including the FCC's new rate formula, website posting requirements, procedures for responding to requests for CLA, and annual reporting obligations. The court found that the cable industry's likelihood of irreparable harm and potential success on the merits justified the requested relief pending the court's substantive review of the FCC's Order. A copy of the court's decision is attached. In the meantime, the FCC's old CLA regime remains in effect.

For more information, please contact:

	Maria T. Browne Washington, D.C. (202) 973-4281 mariabrowne@dwt.com		Wesley R. Heppler Washington, D.C. (202) 973-4243 wesheppler@dwt.com
	Steven J. Horvitz Washington, D.C. (202) 973-4228 stevehorvitz@dwt.com

This advisory is a publication of Davis Wright Tremaine LLP. Our purpose in publishing this advisory is to inform our clients and friends of recent legal developments. It is not intended, nor should it be used, as a substitute for specific legal advice as legal counsel may be given only in response to inquiries regarding particular situations.

Copyright © 2008, Davis Wright Tremaine LLP.

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