The Michigan Supreme Court released an opinion yesterday holding that a municipality may not disguise a tax by imposing a utilities franchise fee upon consumers through a utilities franchise agreement when that agreement...more
On May 26, 2021, a Sixth Circuit panel rejected challenges by numerous municipalities to a 2019 order by the Federal Communications Commission (FCC) that most “in kind” (non-cash) contributions required by cable franchisees...more
Franchise Fees Charged to Waste Hauler are Not a Tax if Reasonably Related to the Value of the Franchise - Franchise fees that exceed the reasonable value of the franchise conveyed may be considered taxes, according to a...more
When the FCC’s Cable Franchise Order became effective on Sept. 26, it upended 35 years of common understanding on what a local government could obtain in cable franchise negotiations, which could cost local governments...more
On Thursday, August 1, 2019, the FCC took several actions to address persistent, decades-long efforts by local governments to convert their control over local rights-of-way into ever-increasing revenue streams from cable...more
Senate Bill 289 has been introduced which would amend certain provisions of Chapter 200 (Municipal Authority Over Utilities) of the Arkansas Code. The bill’s sponsors include: Senator Jane English (North Little Rock) -...more
The FCC today released a Second Notice of Proposed Rulemaking that, if adopted, would allow cable operators to deduct the value of in-kind contributions from cable franchise fee payments, and would limit the authority of...more