3 edits | A couple links with more details on the story Here is the actual decision released by the U.S. Court of Appeals for the D.C. Circuit:
»pacer.cadc.uscourts.gov/common/o···3454.pdf
The key words were these:
Commission failed adequately to take account of the substantial competition cable operators face from non-cable video programming distributors. So, the court agreed that the FCC should have taken in to account competition from Sat TV and telco TV and NOT just based competitive environment on other cable companies alone.
And the news story on the decision by the main source of news coverage on the cable industry:
»www.broadcastingcable.com/articl···_Cap.php
And then the judge slaps the FCC around for being especially stupid about not listening to the courts order from 2001:
"The Commission’s dereliction in this case is particularly egregious," wrote Judge Douglas Ginsburg. "In the previous round of this litigation we expressly instructed the agency on remand to consider fully the competition that cable operators face from DBS companies...The Commission nonetheless failed to heed our direction and we are again faced with the same objections to the rationale for the cap. It is apparent that the Commission either cannot or will not fully incorporate the competitive impact of DBS and fiber optic companies" --
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