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Court again rejects cap on cable market share

PHILADELPHIA — An appeals court overturned a rule that said a cable TV company could not serve more than 30 percent of the nation's subscribers. The verdict Friday was a victory for the largest cable company, Comcast, which has 25 percent share and sued to block the rule.

It was an embarrassing decision for the Federal Communications Commission, which had already seen the cap rejected and imposed it again.

Fearing a cable monopoly, Congress in 1992 directed the FCC to set limits on how many customers cable TV operators could reach nationwide. The FCC set the 30 percent limit, but that was thrown out twice by the courts. Two years ago, under then-FCC Chairman Kevin Martin, the same cap was reinstated, prompting the new challenge from Comcast.

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