City of New York et al. v. Federal Communications Commission et al. (486 U.S. 57)

U.S. Supreme Court · decided May 16, 1988 · Supreme Court Database (Spaeth)

Citation
486 U.S. 57 · 108 S. Ct. 1637
Decided
May 16, 1988
Term
October Term 1987
Vote
9–0
Majority author
Justice White
Issue area
Federalism
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Liberal

Opinion excerpt

Justice White delivered the opinion of the Court. The Federal Communications Commission has adopted regulations that establish technical standards to govern the quality of cable television signals and that prohibit local authorities from imposing more stringent technical standards. The issue is whether in doing so the Commission has exceeded its statutory authority. I-H This case deals with yet another development in the ongoing efforts of federal, state, and local authorities to regulate different aspects of cable television over the past three decades. See Capital Cities Cable, Inc. v. Crisp, 467 U. S. 691, 700-705 (1984); United States v. Southwestern Cable Co., 392 U. S. 157, 161-178 (1968). With the incipient development of cable television in the 1950’s and 1960’s from what had been more generally known as community antenna television systems, the Federal Communications Commission began to assert regulatory authority in this area. See CATV Second Report and Order, 2 F. C. C. 2d 725 (1966). In 1972, the Commission first asserted authority over technical aspects of cable television and devised technical standards to govern the transmission of broadcast signals by cable, though without pre-empting regulation of similar matters by state or local franchising authorities. Cable Television Report and Order, 36 F. C. C. 2d 143, on reconsideration, 36 F. C. C. 2d 326 (1972),…

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