Telecommunications Alert: D.C. Circuit Sidesteps Merits of Cable Programmers' Challenge to Duplicative Must-Carry Rules in C-Span v. FCC


Late last month, the U.S. Court of Appeals for the D.C. Circuit denied several cable programmers’ petition for review of an FCC order that regulated cable operators’ carriage of broadcast signals, finding that the cable programmers did not have standing to challenge the FCC’s order. Due to the unique factual circumstances of the case, the court’s standing analysis required more concrete evidence of harm to the programmers than would have been required otherwise.1

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