D.C. Circuit Tosses FCC Rule Capping Cable Subscribers

August 31, 2009

The D.C. Circuit on Friday took a shot at the FCC when it tossed a rule that barred any single cable television operator from serving more than 30 percent of all subscribers. Cable operators, including Comcast, had argued that the restriction blocked their ability to make efficient acquisitions. In the closely watched case, the circuit held that the FCC had not shown that allowing a cable operator to serve more than 30 percent of subscribers risked reducing "either competition or diversity in programming."