Court upholds exclusive contract ban.The U.S. Court of Appeals for the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States). decided in favor of the Federal Communications Commission Federal Communications Commission (FCC), independent executive agency of the U.S. government established in 1934 to regulate interstate and foreign communications in the public interest. (FCC (1) (Federal Communications Commission, Washington, DC, www.fcc.gov) The U.S. government agency that regulates interstate and international communications including wire, cable, radio, TV and satellite. The FCC was created under the U.S. ) May 25 in NAA/NMHC's lawsuit seeking to overturn the FCC's October 2007 order that retroactively banned exclusive access agreements between apartment properties and cable television providers. During oral arguments April 17 before a three-judge panel, NAA/NMHC argued that the FCC lacked the legal authority to regulate exclusive access agreements, and that actual conditions in the apartment industry video market did not justify the regulation. In upholding the FCC's order, the court cited legal precedent for granting deference to the FCC, finding that the Commission acted reasonably within its statutory authority and that the record adequately justified its regulatory action. The court also let stand the retroactive nature of the ban. NAA/NMHC were joined in the lawsuit by the Manufactured Housing Manufactured housing (also known as prefab housing) is a type of housing unit that is largely assembled in factories and then transported to sites of use. In the United States, the term "manufactured home" specifically refers to a house built entirely in a protected Institute; the National Cable Television Association filed a separate appeal. Although unsuccessful, NAA/NMHCs appeal served as a preemptive pre·emp·tive or pre-emp·tive adj. 1. Of, relating to, or characteristic of preemption. 2. Having or granted by the right of preemption. 3. a. challenge of the FCC's claimed authority to regulate contracts it deems anti-competitive, potentially including future regulation of exclusive marketing and bulk-service contracts. |
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