In a petition for review of an FCC rule in which the Commission capped at 30% of all subscribers the market share any single cable television operator may serve, the petition is granted, where the 30% limit was arbitrary and capricious.
Argued April 24, 2009
Decided August 28, 2009
Opinion by Judge Ginsburg
Miguel A. Estrada, Gibson, Dunn & Crutcher LLP, Washington, DC
James M. Carr, Counsel, Federal Communications Commission, Washington, DC
Deborah A. Garza, Acting Assistant Attorney General, Washington, DC