{
  "id": "RL34285",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL34285",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 340834,
      "date": "2008-01-24",
      "retrieved": "2016-04-07T03:46:52.293904",
      "title": "A Legal Analysis of the \u201c70/70\u201d Provision of the Cable Communications Policy Act of 1984",
      "summary": "The Federal Communications Commission (FCC or Commission) recently issued a report requesting data to aid in determining whether the so-called \u201c70/70\u201d test for cable market penetration has been met. Under Section 612(g) of the Cable Communications Policy Act of 1984, when 70% of households in the United States are able to subscribe to cable services of 36 channels or more and 70% of those households actually subscribe to such services, the FCC will be empowered to \u201cpromulgate any additional rules necessary to provide a diversity of information sources.\u201d A House Report issued when the provision was enacted indicated that 612(g) was intended to provide \u201ca mechanism to assure there is adequate flexibility to develop new rules and procedures with respect to the use of leased access channels as the cable industry develops and serves more citizens in the future.\u201d Subsequent amendments to Section 612 granted the FCC greater power to regulate leased access to cable systems. In fact, all of the powers Congress, in the House Report, had suggested would be conferred upon the FCC under 612(g) were granted expressly to the Commission by the subsequent revisions of Section 612. Congress did not, however, repeal Subsection 612(g). The scope of the FCC\u2019s authority under 612(g), therefore, remained an open question.\nThe FCC has yet to determine whether the level of market penetration required to trigger 612(g) has been met. Consequently, neither the courts nor the FCC has interpreted the extent of the FCC\u2019s authority to promulgate new regulations that would \u201cprovide a diversity of information sources.\u201d Two main arguments have been made regarding the scope of the Commission\u2019s power under the 70/70 provision. The first argument would grant the FCC broad authority to promulgate any rule that encourages a \u201cdiversity of information sources.\u201d The second argument would grant the FCC more narrow authority to promulgate new rules relating to leased access of cable systems by unaffiliated persons. This report will be updated as events warrant.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/RL34285",
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          "url": "http://www.crs.gov/Reports/pdf/RL34285",
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      ],
      "topics": []
    }
  ],
  "topics": [
    "American Law"
  ]
}