The National Cable & Telecommunications Association and a handful of state cable associations and cable operators -- notably Time Warner -- filed a friend of the court brief in the Federal Court of Appeals for the DC Circuit backing Comcast's challenge to a Federal Communications Commission decision to re-impose a 30% cap on the percentage of cable subscribers operators may reach nationally, saying the FCC failed to perform a crucial market-power analysis on the industry. Without that market power determination, they argue, the FCC cannot show that the harms it purports are not merely conjecture, much as it conjectured the 60% collusion in its earlier justification thrown out by the court.
