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FCC v. BEACH COMMUNICATIONS, INC.

No. 92-603.

508 U.S. 307 (1993)

113 S.Ct. 2096

124 L.Ed.2d 211

FEDERAL COMMUNICATIONS COMMISSION et al. v. BEACH COMMUNICATIONS, INC., et al.

Supreme Court of United States.

Decided June 1, 1993.

Attorney(s) appearing for the Case

John F. Manning argued the cause for petitioners. With him on the briefs were Solicitor General Starr, Acting Solicitor General Bryson, Assistant Attorney General Gerson, Deputy Solicitor General Roberts, Douglas N. Letter, and Bruce G. Forrest.

Deborah C. Costlow argued the cause for respondents. With her on the brief for respondents Beach Communications, Inc., et al. was Thomas C. Power. Daniel L. Brenner, Michael S. Schooler, Diane B. Burstein, H. Bartow Farr III, and Paul M. Smith filed a brief for respondent National Cable Television Association.*

Thomas, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Blackmun, O'Connor, Scalia, Kennedy, and Souter, JJ., joined. Stevens, J., filed an opinion concurring in the judgment, p. 320.

Justice Thomas, delivered the opinion of the Court.

In providing for the regulation of cable television facilities, Congress has drawn a distinction between facilities that serve separately owned and managed buildings and those that serve one or more buildings under common ownership or management. Cable facilities in the latter category are exempt from regulation as long as they provide services without using public rights-of-way. The question before us is whether...

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