DC Circ. Strikes Down Cable Market-Share Cap

By Jessica Dye

Law360, New York (August 28, 2009, 4:28 PM ET) -- The U.S. Court of Appeals for the District of Columbia Circuit on Friday scrapped the Federal Communications Commission's subscriber-share limit for cable providers, handing cable challengers led by Comcast Corp. a hard-fought victory in a 16-year effort to scrap the ownership cap.

Judge Douglas Ginsberg, joined in the majority opinion by Judge Brett M. Kavanaugh, wrote that the FCC had clearly failed to take into account growing competition for video programming from satellite and fiber optics providers when limiting cable providers to the 30 percent subscriber-share...
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