The Federal Communications Commission's decision to reinstate a 30 per cent cap on cable’s share of multichannel-video providers has drawn a writ from Comcast. Comcast is the nation’s largest cable operator and the closest to the 30 per cent cap at about 27 per cent of multichannel-video providers.
The suit called the FCC decision arbitrary and capricious, as well as an abuse of its discretion. Comcast executive vice president David Cohen said at the time of the decision: “The record at the FCC provided absolutely no support for a horizontal ownership cap of 30 per cent — a position that has been supported by the courts,” Cohen said at the time. “In an era of increased and intensifying competition among telephone, satellite and cable companies, the case for a 30 per cent cap is even weaker than when the courts rejected it six years ago.”