National Cable & Telecommunications Association v. Federal Communications Commission

567 F.3d 659 (2009)

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National Cable & Telecommunications Association v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit
567 F.3d 659 (2009)

SC

Facts

Section 628 of the Communications Act of 1934 prohibited cable operators from engaging in unfair methods of competition to prevent other video operators from providing programming to subscribers. Pursuant to this law, the Federal Communications Commission (FCC) (defendant) promulgated a rule that prohibited cable operators from entering exclusive-service arrangements with multi-unit buildings such as apartment complexes. The FCC had previously permitted such agreements but applied its new rule to existing contracts as well. In the order adopting the prohibition, the FCC stated that the harms of such agreements outweighed any benefits in a manner that did not exist in the market when the FCC had decided to permit the agreements previously. The National Cable & Telecommunications Association (NCTA) (plaintiff) filed a petition for review of the order in federal court. NCTA argued among other things that Congress’s focus with § 628 was exclusion of programming, not exclusion of competing video providers.

Rule of Law

Issue

Holding and Reasoning (Tatel, J.)

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Casebooks

Communication Law

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