Court Stays FCC’s New Commercial Leased Access Rules
By Steven J. Horvitz
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.