Agenda Packets - 1986/05/19 - Laserfiche WebLink

Home Browse Search

States Supreme Court. Oral arguments in the case will be heard by the Court on April 29, 1986. ' American Civil Liberties Union at al. vs, FCC - U.S. Court of Appeals, D.C. Circuit. This appeal filed on October 29, 1985 deals with the rules adopted by the Comrtsaior, in their Order implementing the Cable Act's rate deregulation provi- sion, under Section 623 of the Cable Act, franchising author- !ties are allowed to regulate subscriber rates for 'basic cable services, only if their cable system is not subject to 'effective competition'. In their rule making proceeding the Commission defined ' basic cable service' as •cable service regularly provided to all subscribers including the retransmis- sion of must carry broadcast television signals and public, educational and governmental channels.' In addition, the Com- mission decided that a rahl- ---•.. w suoJect to 'effective competition', if at least three television stations placed a grsde B signal over any portion of the .a;,Ie community or at least three stations are significantly viewed within the community. Local government groups suggested, in cruasents filed in the rule making proceeding, that the Commissior re- quire a total of tan broadcast signals within the cable com- munity, before there is to be considered 'effective competi- tion' for a cable system. The appeal at the circuit court is currently being held in abeyance pending resolution of several a Petitions for reconsideration of t, Commission's Order, The COlm:issiOn'a Reconsideration Order, o be released in the near -2-