DC Circuit Upholds FCC Rule on Channel Access

The DC Circuit rejected cable company arguments that the FCC had exceeded its statutory authority in closing the so-called terrestrial loophole that allowed cable providers to retain exclusive access to non-satellite channels, which often include local sports programing.  AT&T intervening on the FCC’s behalf argued that foreclosing competitive TV providers from access to local sports restrained competition.  The DC Circuit agreed that the FCC had authority to apply access rules to terrestrial channels, but it disagreed with the FCC that exlusive deals were per se anticompetitive.  The deals must be examined in the context of a particular market and are more likely to be pr

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