On October 31, 2007, the Federal Communications adopted, by a 3-2 vote, a Second Report and Order (“Second R&O”) in its Video Franchising proceeding (MB Docket No. 05-311). The Second R&O extends some of the preemptive franchising relief that it gave to new, competitive cable TV operators in its preceding Report and Order and Further Notice of Proposed Rulemaking (“First R&O”) to incumbent cable TV operators. The First R&O was adopted in December 2006, also by a 3-2 vote, and was released in March 2007 (Commissioners Copps and Adelstein dissented from each of the two orders). The text of the Second R&O was released on November 6, 2007.

The Second R&O takes effect 30 days after publication in the Federal Register, which has not yet occurred. Petitions for reconsideration are due 30 days after publication in the Federal Register.

The Communications Practice has prepared a Client Advisory which discusses the Second R&O in detail.