Comcast Corp. v. FCC, No. 08-1114

In a petition for review of an FCC rule in which the Commission capped at 30% of all subscribers the market share any single cable television operator may serve, the petition is granted, where the 30% limit was arbitrary and capricious.

Read Comcast Corp. v. FCC, No. 08-1114

Appellate Information

Argued April 24, 2009

Decided August 28, 2009

Judges

Opinion by Judge Ginsburg

Counsel

For Petitioner:

Miguel A. Estrada, Gibson, Dunn & Crutcher LLP, Washington, DC

Theodore B. Olson, Gibson, Dunn & Crutcher LLP, Washington, DC

For Respondent:

James M. Carr, Counsel, Federal Communications Commission, Washington, DC

Deborah A. Garza, Acting Assistant Attorney General, Washington, DC