GTE California, Inc. v. Federal Communications Commission

Opinion by Judge T.G. NELSON; Dissent by Judge NOONAN.

T.G. NELSON, Circuit Judge:

I

OVERVIEW

In 1970, the Federal Communications Commission (FCC or Commission) issued rules prohibiting local telephone common carriers from providing cable television service in the area in which they controlled the local exchange.1

In 1984, Congress amended the Communications Act by adopting what is now codified *942in 47 U.S.C. § 533(b). This section was modeled after the FCC rules and prohibits a telephone company from “provid[ing] video programming directly to subscribers in its telephone service area.” Id. Video…