Comcast To Challenge 30% Cap In U.S. Court of Appeals

Court will hear oral arguments in Comcast's challenge of FCC's decision April 24

Fans and foes of the FCC's 30% cap on cable's national reach should mark their calendars for April 24.

That is when the U.S. Court of Appeals for the District of Columbia will hear oral arguments in Comcast's challenge of its decision to reinstate the cap. Comcast filed the suit back in March of 2008, calling the FCC decision arbitrary and capricious, as well as an abuse of its discretion.

At the time, Comcast executive David Cohen told B&C just what Comcast thought was wrong with the decision: "The record at the FCC provided absolutely no support for a horizontal ownership cap of 30% -- a position that has been supported by the courts," Cohen said at the time. "In an era of increased and intensifying competition among telephone, satellite and cable companies, the case for a 30% cap is even weaker than when the courts rejected it six years ago."

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