The Regulatory Status of Cable Television Leased Channels: Issues of Common Carriage and Preemption

Authors

Nicholas P. Miller
W. Randolph Young
Robert H. Ruxin

Abstract

As cable television develops into a communications medium capable of providing a vast array of voice, data and television communications services, there is an increasing interest by local governments in requiring the cable operator to provide access to the cable system through leased channels. The article examines cable leased channels in terms of common carriage and the possible jurisdictional questions raised between the federal, state and local governments. Leased channel requirements can be implemented in such a way so as to impose a common carrier classification of not. Although common carrier obligations for leased channel services may be publicly beneficial, they could possibly give rise to the assertion of some jurisdiction on the part of the Federal Communications Commission and the state public utilities commission. The author concludes that local governments should recognize and understand the implications of common carrier classification on both federal and state authority over cable in designing any leased channel requirements.

Recommended Citation

Nicholas P. Miller, W. Randolph Young, and Robert H. Ruxin, The Regulatory Status of Cable Television Leased Channels: Issues of Common Carriage and Preemption, 4 UC Law SF Comm. & Ent. L.J. 269 (1981).
Available at: https://repository.uclawsf.edu/hastings_comm_ent_law_journal/vol4/iss2/3