Law Commons^™

The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley

Federal Communications Law Journal

Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …