United States Second Circuit

Petitions for review of a 2011 Order of the Federal Communications Commission promulgating rules intended to curb anti-competitive behavior by limiting the circumstances under which a distributor of video programming can discriminate against unaffiliated networks that provide such programming, are: 1) denied in part, where the standard established by Order and the sections of the Communications Act under which the Order was promulgated, do not violate the First Amendment; and 2) granted in part, where the Order's standstill rule, which requires a distributor to continue carrying an unaffiliated network under the terms of its preexisting contract until the network's complaint against the distributor under the program carriage regime is resolved, was promulgated in violation of the Administrative Procedure Act's notice-and-comment requirements.

Appellate Information

• Decided 09/04/2013
• Published 09/04/2013

Judges

• RAGGI

Court

• United States Second Circuit

Counsel