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Leahy Questions FCC Interpretation of STELAR Provision

Senate Judiciary Committee ranking member Patrick Leahy, D-Vt., questioned FCC “scope” in implementing Section 111 of the Satellite Television Extension and Localism Act Reauthorization (STELAR) Act, focusing on a March 16 NPRM that would have changed presumptions about how cable operators are judged to be subject to effective competition. “Section 111 of STELAR directed the FCC to take steps to streamline the process for small cable operators to file effective competition petitions, but the FCC’s current rulemaking proposal appears to do much more,” Leahy said in the letter, dated Friday, to FCC Chairman Tom Wheeler. “I strongly encourage you to separate the broader question of whether to reverse the effective competition presumption for all cable operators from the narrow directive Congress gave you to provide small operators with some relief.” NAB posted the letter. Leahy was one of the lawmakers responsible for writing STELAR last Congress as chairman of Judiciary. “The FCC should take this directive at face value,” Leahy said. Stakeholders have “expressed serious concern” about the changes the FCC proposed recently, Leahy added, suggesting the matter be left to either “another proceeding or legislative action.” STELAR implementation is not “the appropriate vehicle,” he said.