Court rejects FCC 30 pct cap on cable market share
Lawyer Blogs
An appeals court on Friday overturned a rule that said a cable TV company could not serve more than 30 percent of the nation's subscribers. The verdict was a victory for the largest cable company, Comcast Corp., which has 26 percent share and sued to block the rule.
The U.S. Court of Appeals for the District of Columbia Circuit ruled that the cap, imposed by the Federal Communications Commission, was "arbitrary and capricious," and threw out the restriction.
Fearing a cable monopoly, Congress in 1992 directed the FCC to set limits on how many customers cable TV operators could reach nationwide.
The FCC set the 30 percent limit, but that was thrown out twice before by the courts. Two years ago the cap was reinstated, prompting the new challenge from Comcast.
FCC Commissioner Robert McDowell said he had disagreed with the commission's decision to re-impose the cap in 2007 because he felt the rule was vulnerable to a challenge given that it was already overturned in 2001. He said that the commission's cap was based on "aging data and questionable assumptions" that didn't adequately reflect the entry of new competitors to cable operators.
Related listings
-
Crandall Canyon payouts moving through Utah courts
Lawyer Blogs 08/27/2009Judges have begun approving payouts from a multimillion-dollar settlement stemming from the collapse two years ago of a Utah mine that entombed six miners and led to three rescuers' deaths. Recently released court records show the claims also cover a...
-
Fla. gay adoption ban goes to appeals court
Lawyer Blogs 08/26/2009A Florida appeals court is being urged to affirm a judge's ruling that the state's strict ban on adoptions by gay people is unconstitutional. Attorneys for parent Martin Gill and his two children argued Wednesday in Miami that there's no rational bas...
-
Appeals court to hear sports betting arguments
Lawyer Blogs 08/24/2009A federal appeals court in Philadelphia will decide whether sports betting in Delaware should be put on hold until a legal challenge by professional sports leagues and the NCAA is decided. The court will hear arguments Monday over a judge's denial of...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.