Court Panel Seems Likely to Defer to FCC In Cable TV Inside-Wiring Sheet Rock Case

摘要

A three-judge federal appellate panel showed little sympathy for the idea of overruling the FCC's judgment on whether cable wiring behind sheet rock in apartment buildings and other multiple dwelling units (MDUs) is "physically inaccessible" within the meaning of the agency's own cable inside wiring rules. Pursuant to the Cable Television Consumer Protection and Competition Act of 1992, which'directed the Commission to adopt rules addressing the disposition of cable inside wiring when a subscriber cancels service, the FCC in 1994 adopted rules that established a "demarcation point" about 12 inches outside the subscriber's dwelling unit. In 1997, in light of its belief that there was insufficient competition in the MDU video service market because MDU owners objected to having hallways torn up by new providers, the FCC revised its inside wiring rules to allow for a demarcation point further than 12 inches from the dwelling unit if the wire was "physically inaccessible" at the 12-inch point.