Fairfax plans to appeal FCC ruling

Published April 12, 2007 4:00am ET



Fairfax County plans to challenge a recent Federal Communications Commission order that scales back local control over cable franchises.

The county intends to join a handful of localities who have filed an appeal in federal court. The appeal seeks to overturn the FCC mandate that substantially alters the extent to which governments can negotiate with companies seeking to enter their jurisdiction.

Fairfax County now requires its three franchises, Cox Communications, Verizon and Comcast, to build out their services to the entire county. The requirement prevents the providers from servicing only the most profitable areas — those with dense development and existing infrastructure.

Local officials argue the FCC order will deprive them of the ability to ensure the entire county is served by cable providers, as well as reduce the level of contribution the companies must make to public access programs.

“It’s important in Fairfax County, that when competition comes, that it leaves no neighborhood behind,” said Mitsuko Herrera, director of the communications policy and regulation division of the county’s Department of Cable Communications and Consumer Protection. “We’re here to serve all the citizens of Fairfax County.”

Under the order, the FCC deems that such build-out requirements “in many cases may constitute unreasonable barriers” for new providers to enter the market.