In Sky Angel U.S. LLC v. National Cable Satellite Corp. d/b/a C-SPAN, District of Columbia Judge Rudolph Contreras dismissed Sky Angel’s antitrust suit against National Cable Satellite Corp. (C-SPAN). In its suit, Sky Angel, a Christian Internet television provider, claimed that C-SPAN violated §1 of the Sherman Act by pulling its programming from Sky Angel’s […]
Category Archives: Federal Communications Commission
DOJ Urges FCC to Ensure Broad Access to Low-frequency Spectrum in Upcoming Auctions
June 19, 2013 – 9:48 am
The Department of Justice, Antitrust Division, has asked the Federal Communications Commission to boost the ability of small wireless providers to compete in an upcoming auction of valuable low-frequency spectrum that is valuable because of its ability to penetrate obstacles. The Division argued that without protection, Verizon and AT&T could “foreclos[e] their rivals from access.” […]
FCC Rule Requiring Cell Phone Providers to Sell Internet Access to Competitors on Commercially Reasonable Terms Upheld
January 23, 2013 – 9:02 am
In Cellco Partnership vs. Federal Communications Commission et al., a panel of the District of Columbia Circuit rejected Verizon’s challenge to an FCC rule that required mobile internet providers to negotiate roaming agreements with their rivals. The rule was intended to enable cell phone users to access the internet in areas not served by their […]
FCC Orders AT&T to Surrender Subscriber Numbers in San Antonio Market
July 20, 2011 – 2:27 pm
The Federal Communications Commission granted Time Warner Cable Inc.’s petition to order AT&T Inc. to reveal subscriber numbers in certain San Antonio communities in order to allow Time Warner Cable to demonstrate it is subject to effective competition in the market. The FCC Media Bureau overruled AT&T’s confidentiality objections in ruling that Time Warner needed […]
DC Circuit Upholds FCC Rule on Channel Access
June 30, 2011 – 4:43 pm
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 […]
Supreme Court Upholds Cost Based Access to Incumbant Phone Network
June 30, 2011 – 4:35 pm
The U.S. Supreme Court upheld the FCC interpretation of the 1996 Telecommunications Act requiring that incumbent local telephone networks provide access to competitors at cost. AT&T had argued that cost-based access was no longer required and the Sixth Circuit agreed. The high court, however, sided with the Federal Communications Commission, which argued that cost based […]
Supreme Court to Hear Telecom Entrance Fee Case
January 28, 2011 – 4:00 pm
The Sixth Circuit, disagreeing with the Federal Communications Commission, has held that incumbent telephone carriers need not provide “entrance facilities” to competitors at regulated cost-based rates. Instead, they may charge market rates or refuse to provide the facilities at all. The court held that the 1996 Telecommunications Act clearly distinguishes between interconnection facilities that much […]
FCC Passes Comcast-NBC Merger With Conditions
January 26, 2011 – 4:49 pm
The FCC voted 4-1 to pass the Comcast-NBCU merger while imposing requirements that Comcast-NBCU provide its programming to bona-fide online distributors. Comcast-NBCU is also disallowed from discriminating based on relationships with Comcast-NBCU. In addition, Comcast-NBCU is required both to reduce the price of its broadband services for low-income citizens and include more diverse programs for […]
FCC Seeks to Enhance TV Delivery Competition
February 2, 2010 – 11:33 am
The FCC recently announced that it will no longer tolerate cable TV system efforts to hinder competition by refusing to make local sports programing available to competitive TV providers. In the past, the FCC took the view that if the programming was distributed terrestrially rather than by satellite, the cable provider had no obligation to […]
FCC Rejects Challenge to Time Warner/Comcast Failure to Carry a Small Channel
December 1, 2009 – 4:05 pm
In Herring Broadcasting Inc. d/b/a/ WealthTV v. Time Warner Cable Inc., et al., family-owned network WealthTV accused Time Warner Cable Inc. and Comcast Corp. of violating the Communitactions Act by refusing to carry its channels in favor of MOJO, a WealthTV competitor that is affiliated with the two cable giants. FCC Chief Administrative Law Judge Richard Sippel […]