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Articles by Cheryl Leanza
New FCC Proposal Would Undermine Local Government Property Rights and Limit Authority Over Public Rights-of-Way
The Federal Communications Commission (FCC) approved a Notice of Proposed Rulemaking (NPRM) that, if adopted, will dramatically impact local governments’ ability to manage their public rights-of-way.
Our fight to stop the illegal cancellation of the Digital Equity Act
One year ago, President Trump declared the Digital Equity Act “unconstitutional” and “racist and illegal” in a post on Truth Social. The next day, the Department of Commerce sent cancellation letters to every grantee. Trump’s claim is false. The Digital Equity Act is a bipartisan law passed as part of the Infrastructure Investment and Jobs Act of 2021. The National Digital Inclusion Alliance is suing to stop the illegal cancellation.
The broadcast industry’s silence costs us all
We are reaping the fruit of the industry’s cowardice. For more than a year, most major media companies have stood by or aggressively acquiesced as President Trump and Federal Communications Commission Chair Brendan Carr pressured them through lawsuits and baseless investigations. Radio coverage of ICE raids? Investigated. A comedian’s joke? Investigated. Fair hiring for people of color? Reframed as racist. CBS installed a monitor. ABC paid out a settlement to the President.
Telecom Attorneys Cheryl Leanza and Tillman Lay Author Article for IMLA’s Municipal Lawyer Magazine
Best Best & Krieger LLP (BBK) Telecommunications Attorneys Cheryl Leanza and Tillman Lay have authored an article published in the International Municipal Lawyers Association’s Municipal Lawyer magazine, January/February 2026 issue. The authors provide in-depth analysis of the Loper Bright and McLaughlin cases decided in 2024 and 2025.
Local Governments Must Prepare to Respond to FCC Inquiry Seeking Support for Further Federal Preemption of Local Authority over Wireline Broadband Deployments | Best Best & Krieger LLP - JDSupra
On September 30, 2025, the eve of the federal government shutdown, the Federal Communications Commission (FCC) adopted a Notice of Inquiry (NOI) aimed at gathering information from the industry to support imposing broad limits on state and local authority over wireline broadband infrastructure deployments. In February 2025, BBK’s Telecommunications attorneys flagged that local governments should prepare for this forthcoming FCC effort.
United Church of Christ Slams FCC’s Illegal Delay of Communication Rates for Incarcerated People
Not only did Congress unanimously pass the Martha Wright Reed Act, but the Federal Communications Commission unanimously adopted the decision. And the Federal Communications Commission’s newly appointed General Counsel vigorously and persuasively defended the decision in April 2025. The decision to delay these rules is factually and legally wrong. No legal request for this decision was made, no public comment was sought.
Supreme Court Rules District Courts Not Bound by FCC Statutory Interpretations under the Hobbs Act | JD Supra
On Friday, June 20th, the Supreme Court in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., No. 23-1226 (U.S. June 2025), ruled in a 6-3 decision that the Hobbs Act does not bind federal district courts in civil enforcement proceedings to an agency’s interpretation of a statute.
Federal damage to affordable, equitable broadband and digital inclusion
In recent days, major new proposals from the Trump Administration and the majority in Congress are damaging further mechanisms that would have provided low-cost broadband to households in need. The Department of Commerce issued radically revised guidance for states implementing the $42 billion Broadband Equity Access and Deployment Program, and the Senate Commerce Committee released its part of the highly problematic reconciliation budget bill.
UCC Media Justice Guide to the FCC’s New Rules on Prison Phone & Video Rates
Lower rates for incarcerated people are here at last! April 1, 2025 marks an important day in the quest for communications justice. The FCC’s new rules apply to most of the country today. The United Church of Christ Media Justice Ministry (UCC Media Justice) has worked on just rates for incarcerated people and their families for over a decade. In many cases, predatory rates have children communicating with a parent or spouses and other family members with each other.
Call to Action: Impending Threat to Communities’ Property Rights, Revenues and Police Powers Demands Planning and Response from new Telecommunications Legislation and Rules | Best Best & Krieger LLP - JDSupra
Local governments must prepare now for renewed efforts in Washington, D.C. to restrict, and in some cases, eliminate a community’s ability to manage their property, receive fair compensation for the private use of public assets, exercise core land management functions and police powers over wireless tower siting, public right-of-way (PROW) management, cable franchising and more.
Federal Guidelines for the Responsible Acquisition of AI—What Local Governments Should Know | JD Supra
The Office of Management and Budget (“OMB”) recently issued a memorandum outlining new requirements for the responsible procurement of artificial intelligence (“AI”) capabilities by federal agencies. While the OMB’s guidance is intended for federal agencies, local governments and agencies can enhance the responsible procurement and use of AI in their operations by adopting similar vendor oversight and contracting provisions.
Solicitor General Asks Supreme Court to Review Ruling on Universal Service Fund's Constitutionality | JD Supra
Supreme Court likely to hear case that could significantly affect the $4 billion E-rate program for schools and libraries The U.S. Solicitor General recently sought Supreme Court review of an en banc decision by the U.S. Court of Appeals for the Fifth Circuit, which found the Federal Communications Commission-run Universal Service Fund (USF) to be unconstitutional. The Solicitor General asked the Court to determine that the program is lawful.
Ninth Circuit Overturns Portions of FCC Order on Wireless Facility Modifications | JD Supra
Local governments prevailed on two key issues in League of California Cities v. Federal Communications Commission (FCC), the United States Court of Appeal for the Ninth Circuit’s long-awaited decision on when federal law requires localities to approve a certain type of modifications to existing wireless facilities known as an eligible facilities request (EFR).
Broadband Breakfast on October 16, 2024 - Cities and Taxes on Video and Broadband
Across America, localities are embroiled in a push to tax streaming video and broadband services, driven in part by sweeping changes to streaming video services versus traditional cable service. Central to the debate is the burden imposed upon local rights-of-way as part of the physical connection to homes and businesses. Many municipalities contend that broadband and video streaming services should be subject to franchise fees similar to those applied to cable providers.
One U.S. Court of Appeals Declares Universal Service Fund Unconstitutional—But Impact of Decision Awaits Further Legal Review | JD Supra
Pending decision could have significant impact on schools, libraries and consumers that rely on the programs funded by the USF Although the impact will not likely be immediate, and it may be further changed on appeal, on Wednesday July 24, 2024, the U.S. Court of Appeals for the Fifth Circuit found the Universal Service Fund (USF), as administered by the Federal Communications Commission (FCC), to be unconstitutional in a 9 to 7 en banc ruling of all the judges in the Fifth Circuit.
When Can a Government Official Limit Comments or Block Users on Social Media? | JD Supra
In Lindke v. Freed, the U.S. Supreme Court found that a civil rights violation might have occurred when the City Manager of Port Huron, Michigan deleted and blocked comments on his personal Facebook page. This depended on whether the manager’s creation and maintenance of his social media site qualified as state action.
FCC Considers New Rules to Block Cable and Satellite TV Junk Fees as the CPUC’s Video Customer Service Proceeding Advances | JD Supra
Both Agencies Want to Hear from Local Governments The FCC will vote on December 13, 2023 to initiate a proceeding to prohibit cable and satellite TV providers from imposing early termination fees and or requiring subscribers to pay for a complete billing cycle even when they cancel service mid-cycle. The fees that would be prohibited are often outrageous.
Congress Must Extend Affordable Connectivity Program Funding to Keep Kids Connected
If Congress doesn’t act to extend the Affordable Connectivity Program (ACP), millions of households that currently have broadband internet access could lose it before the end of the 2023-2024 school year. Additionally, students could fall into the “homework gap," meaningstudents without broadband internet service won't be able to complete work at home and keep up with their classmates.
Congress Must Extend Affordable Connectivity Program Funding to Keep Kids Connected
September 11, 2023 — Article Across the nation, students and educators are back in the classroom, digging into lesson plans, and excited for the new school year. While each school year brings its own unique set of challenges, some endure – such as the millions of students who don’t have access to high-speed broadband internet at home.
FCC Seeks Nominees for the Intergovernmental Advisory Committee | JD Supra
IAC Addresses Issues for State, Local and Tribal Governments Under FCC Jurisdiction The Federal Communications Commission has announced the reauthorization of the Intergovernmental Advisory Committee (IAC or Committee) and it is soliciting nominations for two-year terms. The mission of the IAC is to provide aid to the Commission on the many telecommunications issues affecting state, local and tribal governments that are within the jurisdiction of the FCC.
Confirm Gigi B. Sohn to the Federal Communications Commission
by | Jan 31, 2023 | Blog, Diverse and Accountable Media, Open and Affordable Communications | President Biden’s nominee for the empty seat at the Federal Communications Commission, Gigi B. Sohn, must be rapidly confirmed by the Senate Commerce Committee and the full Senate.
Process for Federal Internet Infrastructure & Digital Equity Fund Distribution Begins | JD Supra
State Deadlines Are in Mid-July; Localities Should Start Consulting With Their States Now The Department of Commerce’s National Telecommunications and Information Agency (NTIA) recently released Notices of Funding Opportunity for several programs adopted as part of the 2021 Infrastructure Investment and Jobs Act (IIJA).
FCC Cable Franchising: In-kind and Mixed Use Rules | JD Supra
PublicCEO Article Addresses Current Rules and What Happens Next Over the last few years, the Federal Communications Commission (FCC) has been reinterpreting several key Cable Act provisions that govern cable franchise authority and fees.
Best Best & Krieger on FCC cable franchising
By Cheryl A. Leanza, BB&K Of Counsel and Gail A. Karish, BB&K Partner Over the last few years, the Federal Communications Commission (FCC) has been reinterpreting several key Cable Act provisions that govern cable franchise authority and fees.
Federal Appeals Court Partially Reverses FCC’s Cable Ruling; Preempts City of Eugene’s Broadband Fee | JD Supra
Offset for In-Kind Services Limited to Marginal Costs, not Market Value Today, a federal appeals court partially upheld the Federal Communications Commission’s most recent interpretation of the Cable Act’s limits on local franchise authority, but reversed the FCC on a key point that will mitigate the negative financial impact of the decision on state and local governments and curtailed a portion of the FCC’s effort to preempt local governments.
Affordable Communication Is Under Attack
Last month, social justice advocates gathered outside of the Federal Communications Commission to speak out.
Trump's FCC voted to end the open Internet. Congress can still save it - if they hear from us.
In 2015, millions of us fought for and won net neutrality protections. Now, President Trump's FCC voted to repeal them. Congress now has the power to save net neutrality, but only if they hear from enough us. Sign and share this to tell Congress that net neutrality is among the core civil rights issues of our time — and a moral imperative. Congress must block the FCC’s vote. In this critical time, we need net neutrality now more than ever to fight for the future of our democracy.
Low-income consumer broadband credits mean competitiveness, choice and compassion
With the election of President Trump, policymakers are now focused on tax credits to incentivize behaviors, from the repatriation of jobs to investment in infrastructure. At the same time, an expanding consensus on Capitol Hill recognizes broadband is essential for economic competitiveness. A recent spate of leading politicians have endorsed the importance of broadband deployment – from Sen.
FCC makes way for 10 new minority and women owned TV stations
Today the Federal Communications Commission approved a number of transactions which will add ten new broadcast owners of color and women. Setting aside the details of each transaction, it is important to note, as Chairman Wheeler and Commissioner Clyburn did today, that this welcome increase in African American, Asian American and women owners comes as a direct result of the FCC’s decision to start enforcing the ownership rules already on the books.
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