Court Overturns ‘Standstill Rule’ In FCC’s 2011 Program Carriage Order

The U.S. Court of Appeals for the Second Circuit ruled Sept. 4 that the Federal Communications Commission’s 2011 program carriage rules were not issued in accordance with the Administrative Procedure Act (APA), in a decision that will benefit some cable operators, analysts said (Time Warner Cable v. Fed. Commc’n Comm’n).

The court partially granted a suit by Time Warner Cable Inc. and the National Cable and Telecommunications Association (NCTA) challenging elements of the FCC’s 2011 revised program carriage order. The court vacated without prejudice the order’s standstill requirement and said the FCC’s promulgation of the order, which sought ...