ADELPHIA COMMUNICATIONS CORP. v. F.C.C.

No. 95-1026.

88 F.3d 1250 (1996)

ADELPHIA COMMUNICATIONS CORP., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1996.


Attorney(s) appearing for the Case

Terry S. Bienstock, Miami, FL, argued the cause for petitioner with whom Ira I. Hershkowitz, Miami, FL, Seth A. Davidson, Washington, DC, and Randall D. Fisher, Coudersport, PA, were on the briefs. Richard B. Beckner entered an appearance.

Clifford G. Pash, Jr., Counsel, Washington, DC, Federal Communications Commission, argued the cause for respondents, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, Anne K. Bingaman, Assistant Attorney General, United States Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, were on the brief. John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne entered appearances.

Before: EDWARDS, Chief Judge, SILBERMAN and GINSBURG, Circuit Judges.


Opinion for the court by GINSBURG, Circuit Judge.

GINSBURG, Circuit Judge:

Adelphia Communications petitions for review of a Federal Communications Commission regulation governing the rates that a cable system operator may charge for a discounted package of premium programming, i.e., a package of channels and programs that may also be purchased individually. Having concluded that the Commission acted within its authority under the Cable Act to impose...

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