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Best Best & Krieger Partner Gerard Lavery Lederer and Of Counsel Cheryl Leanza were recently published in Municipal Maryland, the official magazine of The Maryland Municipal League. In the article, Gerry and Cheryl discuss the Federal Communications Commission’s (FCC) reinterpretation of key Cable Act provisions that govern cable franchise authority and fees, and specifically decisions about “franchise fees.” The authors provide Maryland municipalities with related and pertinent advice surrounding in-kind contributions, the mixed-use rule and guidance on how Maryland municipalities can respond.

“In 2021, a federal appeals court partially reversed and partially affirmed the FCC’s most recent decision, which redefined the meaning of cable ‘franchise fees,’ mandated deductions from those fees in some cases, constrained the actions state and local governments may take inside and outside the cable franchising process, and applied these rulings to both local franchises such as those issued in the state of Maryland and the state-level franchising regimes.”

The authors recommend that municipalities in Maryland and across the nation take advantage of any opportunities to advocate before the FCC on these matters as it implements the court’s decision.

Find the full article, which published in Municipal Maryland’s July/August issue, here.

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