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Time Warner Entertainment Co. v. Federal Communications Commission

105 F.3d 723 (1997)

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Time Warner Entertainment Co. v. Federal Communications Commission

United States Court of Appeals for the District of Columbia Circuit
105 F.3d 723 (1997)

SC

Facts

The Cable Act of 1992 required direct-broadcast-satellite (DBS) providers to set aside certain channel capacity for educational programming. Time Warner Entertainment Company (Time Warner) (plaintiff) sued the Federal Communications Commission (FCC) (defendant) in federal court, arguing that the provision violated Time Warner’s First Amendment rights. A panel of the United States Court of Appeals for the District of Columbia Circuit ruled in favor of the FCC, relying largely on the scarcity of DBS licensees, which the court likened to the scarcity of radio spectrum available for broadcast licensees that convinced the Supreme Court to uphold similar regulations in Red Lion Broadcasting Co. v. FCC. Time Warner filed a motion for rehearing en banc.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Williams, J.)

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Casebooks

Communication Law

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