Tech & Telecom Law News

San Francisco Appeals FCC Order on Broadband Wire-Sharing Rule (1)

July 23, 2019, 3:21 PMUpdated: July 23, 2019, 8:37 PM

San Francisco is challenging the Federal Communications Commission’s move to override a city mandate that apartment and office building owners share in-use cable wiring with broadband providers upon request.

The city July 22 asked the U.S. Court of Appeals for the Ninth Circuit to undo the commission’s decision preempting part of a San Francisco law, which bars building owners from interfering with an occupant’s right to choose a communications service.

The FCC voted against the law July 10 as part of a broader order seeking input on how it might restrict service agreements between broadband providers and landlords. The order is part of an agency push to promote competition and expand high-speed internet access in apartment and office buildings.

The FCC said in its ruling that the sharing of in-use wiring conflicts with federal communications law and hinders broadband deployment.

San Francisco argued in its petition that the FCC’s decision is arbitrary and exceeds its statutory authority.

An agency spokesman declined to comment.

The case is City of San Francisco v. FCC, 9th Cir., No. 19-71832, petition filed 7/22/19.

(Updated with additional reporting throughout)

To contact the reporter on this story: Alexis Kramer in Washington at akramer@bloomberglaw.com

To contact the editor responsible for this story: Keith Perine at kperine@bloomberglaw.com

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