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FCC v. MIDWEST VIDEO CORP.

No. 77-1575.

440 U.S. 689 (1979)

99 S.Ct. 1435

59 L.Ed.2d 692

FEDERAL COMMUNICATIONS COMMISSION v. MIDWEST VIDEO CORPORATION ET AL.

Supreme Court of United States.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Deputy Solicitor General Wallace argued the cause for petitioner in No. 77-1575 and in support of petitioners in Nos. 77-1648 and 77-1662 under this Court's Rule 21 (4). With him on the briefs were Solicitor General McCree, Richard A. Allen, David J. Saylor, Keith H. Fagan, and Julian R. Rush, Jr. Burt Neuborne, Bruce J. Ennis, Michael Botein, and David M. Rice filed a brief for petitioner in No. 77-1648. Edward J. Kuhlmann, Jeffrey H. Olson, and Charles M. Firestone filed a brief for petitioners in No. 77-1662.

George H. Shapiro argued the cause for respondent Midwest Video Corp. in all cases. With him on the brief was Harry M. Plotkin.†

MR. JUSTICE WHITE delivered the opinion of the Court.

In May 1976, the Federal Communications Commission promulgated rules requiring cable television systems that have 3,500 or more subscribers and carry broadcast signals to develop, at a minimum, a 20-channel capacity by 1986, to make available certain channels for access by third parties, and to furnish equipment and facilities for access purposes. Report and Order in Docket No. 20508, 59 F. C. C. 2d 294...

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