The cable television industry has received seemingly inconsistent treatment from the Federal Communications Commission. The FCC has characterized the industry both as a vigorous competitor in the marketplace and as a weak and vulnerable competitor in need of regulatory protection. The author examines the contexts in which these differing characterizations have been applied and finds they are not distinguishable. The author concludes that the FCC has not engaged in reasoned decisionmaking but, instead, has acted arbitrarily and capriciously in its decisions concerning the cable television industry.
Michael A. McGregor,
Will the Real Cable Television Industry Please Stand Up: The Divergent Regulatory Treatment of the Cable Television Industry Prior to the Cable Communications Policy Act of 1984,
8 Hastings Comm. & Ent. L.J. 33
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol8/iss1/2