Competition in Cable TV (Struck Down by Appeals Court)
source: http://www.nytimes.com/2009/09/06/opinion/06sun2.html
Congress wanted the F.C.C. to create a competitive cable market, and imposing a 30 percent cap was a reasonable attempt at doing that. The problem with the cap is not that it is too onerous, but that it is not demanding enough. The United States Court of Appeals for the District of Columbia Circuit has now thrown it out again. The court, which found the cap “arbitrary and capricious,” objected that the F.C.C. did not take into account the competition from satellite television providers and the growth in the number of channels now available. The court’s reasoning is unpersuasive.
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