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The petition for certiorari to the U.S. Supreme Court co-authored by Best Best & Krieger LLP was featured in Communications Daily, TR Daily and Law Street. The publications report that 20 cities, local and state governments, and state and national associations from across the nation have filed seeking review of a decision by the Sixth Circuit Court of Appeals upholding the Federal Communications Commission’s 2019 determination that states and localities may levy fees on cable operators for use of the rights of way other than a fee on revenues derived from the operation of the cable system to provide cable service.
The Sixth Circuit upheld a portion of the FCC Order that invalidated a fee imposed by the City of Eugene, Oregon that reached revenues from the provision of broadband internet services. 

Communities and states that participated in the Sixth Circuit appeal can file as respondents in support of the petition for certiorari under Sup. Ct. R.  Sec. 12.6. Under Rule 37, other states and communities also have the option to file amicus briefs in support of the petition. The deadline for filing is Dec. 6, 2021.

If you have questions about the petition or how you can support it, contact BB&K attorneys Cheryl Leanza or Gerard Lederer. For additional details of the FCC and Sixth Circuit decisions, a summary presentation by the two firms that signed the petition – BB&K and Spiegel & McDiarmid – can be found here.

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