Cablevision Systems Corp. v. Federal Communications Commission

646 F.3d 695 (2011)

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Cablevision Systems Corp. v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit
646 F.3d 695 (2011)

SC

Facts

Section 628 of the Communications Act of 1934 prohibited cable operators from engaging in unfair methods of competition with the purpose of preventing other video operators from providing programming to subscribers. Pursuant to this law, the Federal Communications Commission (FCC) (defendant) adopted an order extending its program-access rules to cable operators that competed with incumbent cable operators. The FCC found that although competition had increased in the video market, the four biggest cable operators controlled six of the country’s top 20 networks and almost half of the country’s regional sports networks. Under the new rules, incumbent operators could not deny access to their or an affiliate’s programming on a discriminatory basis. Cablevision Systems Corporation (Cablevision) (plaintiff), an incumbent cable operator, filed a petition for review of the order in federal court. Cablevision argued that the order was an unreasonable application of § 628 and violated Cablevision’s First Amendment rights.

Rule of Law

Issue

Holding and Reasoning (Tatel, J.)

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Casebooks

Communication Law

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