Cable industry group challenges FCC’s removal of television ownership cap
A recent filing by a cable industry group argues that the FCC’s decision to eliminate television ownership caps goes against a 2004 lawsuit by U.S. lawmakers. The group asserts that Congress set the national cap at 39 percent in direct response to the FCC’s attempt to raise it to 45 percent, and that the law clearly establishes this threshold.
Despite petitioning the FCC, the cable industry group anticipates taking legal action by suing the commission in the U.S. Court of Appeals once the FCC order is published. They seek to maintain the 39 percent cap on television ownership with a preliminary injunction until the lawsuit is resolved.
This application was submitted by a cable industry group representing providers across various states, including Comcast, Charter, and Cox.
FCC maintains the authority to amend rules
While Congress established the 39% limit, the FCC has the authority to review and modify domestic cap rules under the premise that they must serve the public interest. The FCC argues that it can change or repeal the cap outside of the quadrennial review process, as outlined in a 2004 law.
Although the law prevents the FCC from altering the cap during the quadrennial review of media rules, the FCC maintains that it can do so outside of this specific review period.
Source: arstechnica.com
