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Comcast Corp. v. Federal Communications Commission

579 F.3d 1 (2009)

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Comcast Corp. v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit

579 F.3d 1 (2009)

Facts

The Cable Television Consumer Protection and Competition Act of 1992 directed the Federal Communications Commission (FCC) (defendant) to create rules that would prevent cable-television operators from exercising monopolistic powers over programming. The FCC promulgated a rule that limited the market share of any single cable operator to 30 percent of all cable subscribers. The purpose was to prevent cable programming networks from failing if a cable operator refused to carry them. In a previous case challenging the rule, the United States Court of Appeals for the District of Columbia Circuit asked the FCC to reconsider the 30 percent cap in light of increased competition from direct-broadcast satellite companies, though the FCC declined to undertake that analysis. A petition for review of the rule brought by Comcast Corporation (plaintiff), a cable provider, later came before the court.

Rule of Law

Issue

Holding and Reasoning (Ginsburg, J.)

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