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N. Y. STATE COM'N ON CABLE T. V. v. F. C. C.

No. 296, Docket 80-4253.

669 F.2d 58 (1982)

NEW YORK STATE COMMISSION ON CABLE TELEVISION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Teleprompter Corporation and WWHT Corporation, Intervenors.

United States Court of Appeals, Second Circuit.

Decided January 7, 1982.

Attorney(s) appearing for the Case

Franklin K. Breselor, Asst. Atty. Gen. of State of New York, Albany, N.Y. (Robert Abrams, Atty. Gen. of State of New York, William J. Kogan, Asst. Sol. Gen. of State of New York, Albany, N.Y., of Counsel), for petitioner.

Lisa B. Margolis, Counsel, F.C.C., Washington, D.C. (Stephen A. Sharp, Gen. Counsel, F.C.C., Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., William F. Baxter, Asst. Atty. Gen. of U.S., Barry M. Grossman, Atty. U.S. Dept. of Justice, Washington, D.C., of counsel), for respondents.

Gardner F. Gillespie, Washington, D.C. (Hogan & Hartson, Jay E. Ricks, Paul C. Skelly, Washington, D.C., and Barry P. Simon, New York City, of counsel), for intervenor Teleprompter Corp.

N. Frank Wiggins, Washington, D.C. (Cohn & Marks, Washington, D.C.), for intervenor WWHT Corp.

Before FEINBERG, Chief Judge, FRIENDLY, Circuit Judge, and PIERCE, Circuit Judge.

PIERCE, Circuit Judge:

Since the inception of the American television era, various ideas, technologies, and services have been developed to enhance the reception of locally-broadcast video signals and to substantially broaden the programming alternatives available to viewers. This case raises the issue of whether the Federal Communications Commission ("FCC") lawfully preempted New York State's regulation of one of those services.

Background

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