6th Circuit Rejects Cable LFA Rehearing

Eugene, Oregon's petition for rehearing of the 6th U.S. Circuit Court of Appeals' partial rejection of a consolidated challenge to the FCC's 2019 cable local franchise authority order (see 2107120060) was denied. In an order Tuesday (docket 19-4161, in Pacer), Clerk Deborah Hunt said the original panel of Judges Raymond Kethledge, Richard Griffin and David McKeague reviewed the petition and decided the issues raised in the petition "were fully considered upon the original submission and decision of the cases." No judge asked for a vote on rehearing en banc when the petition was circulated to the full 6th Circuit, Hunt said. Eugene outside counsel Tim Lay of Spiegel and McDiarmid emailed that the 6th Circuit action is "frustrating because it ducks our arguments" about the Oregon Supreme Court's contrary holding and avoids explaining how it's consistent with 6th Circuit precedent. He said a Supreme Court petition for writ of certiorari "certainly will be considered."