The effective date of this third report and order is September 26, 2019 and applies to existing franchises, but is only prospective (so cable franchisors cannot claim compensation with previous franchise fees). 102. We therefore disagree with the assertion that Congress does not intend to impose a franchise fee for the use of public property by cable operators for the provision of services other than cable. 16. Contrary to what NATOA et al. claims, subsequent court decisions in Alliance and Montgomery County did not disturb the Commission`s conclusion in the first report and the judgment that benefits in kind which have nothing to do with the provision of cable services are deductibles subject to the statutory ceiling of 5%. Even if `telecommunications charges`, such as those in the action brought in the action brought in the Action in the Eugene Decision, could reasonably be classified as charges of general applicability by reason of their application to other operators as cable operators, those charges would be `excessively discriminatory` – and therefore constitute `franchise charges` applied to franchised cable operators. This is explained by the fact that such fees are levied by cable operators in addition to the 5% of deductibles that these operators have to pay for the use of public rights of way.