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fcclogo NEWS

Federal Communications Commission
445 12th Street, S.W.
Washington, D.C. 20554
News media information 202 / 418-0500
Fax-On-Demand 202 / 418-2830
Internet: http://www.fcc.gov
TTY: 202/418-2555

This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).

May 19, 2000
  Contact: Rick Chessen
(202) 418-2300


Re: D.C. Circuit Court of Appeals Decision in Time Warner case
Upholding Constitutionality of Cable "Subscriber Limits"
and "Channel Occupancy" Provisions

Today's decision is a victory for consumers and their ability to receive a diversity of voices over cable. Of particular significance is the court's finding that the subscriber limits provision is not content-based:

"By placing a value upon diversity and competition in cable programming the Congress did not necessarily also value one speaker, or one type of speech, over another; it merely expressed its intention that there continue to be multiple speakers."

With the court's Order, the FCC's voluntary stay is finally lifted, something that the FCC could and should have done long ago.