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Century Communications Corp. v. Federal Communications Commission

Citations: 267 U.S. App. D.C. 94; 837 F.2d 517; 1988 U.S. App. LEXIS 1111Docket: Nos. 86-1683, 87-1280 and 87-1301

Court: Court of Appeals for the D.C. Circuit; January 28, 1988; Federal Appellate Court

Narrative Opinion Summary

In this case, the court addressed a motion for clarification submitted by the Federal Communications Commission (FCC) regarding its prior decision on the interim 'must carry' rules. The parties involved included the FCC and Century Communications Corporation. The primary legal issue revolved around the validity of FCC regulations that compelled cable systems to carry specific broadcast signals, as outlined in various sections of the Code of Federal Regulations. The court previously invalidated these rules as of June 10, 1987, but left intact other related regulations concerning input selector switches and consumer education, which were scheduled to be implemented on February 29, 1988. These latter provisions were deemed independent and not challenged as part of the original must-carry rules. On remand, the court directed the FCC to make necessary adjustments to ensure that the remaining rules no longer referenced the invalidated must-carry regulations. The decision provides clarity on the status of certain FCC regulations and requires administrative action to align existing rules with the court's ruling.

Legal Issues Addressed

Independence of Input Selector Switch and Consumer Education Requirements

Application: The court determined that the input selector switch and consumer education requirements, effective February 29, 1988, were separate from the invalidated must-carry rules and unaffected by the court's decision.

Reasoning: The Court did not invalidate the upcoming requirements concerning input selector switches and consumer education, set to take effect on February 29, 1988.

Invalidation of FCC's Interim 'Must Carry' Rules

Application: The court ruled against the FCC's interim 'must carry' rules, which required cable systems to carry specific broadcast signals, declaring them invalid as of June 10, 1987.

Reasoning: The Court invalidated the FCC's interim 'must carry' rules effective June 10, 1987, which mandated that cable systems carry specific broadcast signals.

Remand for Adjustment of Rules

Application: The court instructed the FCC to amend rules related to consumer education and input selector switches to remove dependency on the invalidated must-carry provisions.

Reasoning: The Court instructs the FCC, on remand, to make necessary adjustments to the consumer education and input selector switch rules that reference the now-invalidated must-carry provisions.