John Marshall Harlan II

“ There is no such evidence here, and we therefore hold that the Commission's authority over 'all interstate * * * communication by wire or radio' permits the regulation of CATV systems.
There is no need here to determine in detail the limits of the Commission's authority to regulate CATV. It is enough to emphasize that the authority which we recognize today under § 152 (a) is restricted to that reasonably ancillary to the effective performance of the Commission's various responsibilities for the regulation of television broadcasting. ”

“ Commission approval of a request to extend a signal in the foregoing circumstances will be granted where the Commission, after consideration of the request and all related materials in a full evidentiary hearing, determines that the requisite showing has been made. The market size shall be determined by the rating of the American Research Bureau, on the basis of the net weekly circulation for the most recent year.' San Diego is the Nation's 54th largest television market. ”

“ CATV systems receive the signals of television broadcasting stations, amplify them, transmit them by cable or microwave, and ultimately distribute them by wire to the receivers of their subscribers. [8] CATV systems characteristically do not produce their own programming, [9] and do not recompense producers or broadcasters for use of the programming which they receive and redistribute. [10] Unlike ordinary broadcasting stations, CATV systems commonly charge their subscribers installation and other fees. ”

“ The Committee indicated that it was 'of utmost importance to the Nation that a reasonable opportunity be afforded educational institutions to use television as a noncommercial educational medium.' Id., at 3. Similarly, the House Committee on Interstate and Foreign Commerce has concluded that educational television will 'provide a much needed source of cultural and informational programing for all audiences. ”

“ The Commission held that a CATV system must, within the limits of its channel capacity, carry the signals of stations that place signals over the community served by the system. The stations are to be given priority according to the strength of the signal available in the community, with the strongest signals given first priority. ”

“ The Commission, after examination of various responsive pleadings but without prior hearings, ordered that respondents generally restrict their carriage of Los Angeles signals to areas served by them on February 15, 1966, pending hearings to determine whether the carriage of such signals into San Diego contravenes the public interest. The order does not prohibit the addition of new subscribers within areas served by respondents on February 15, 1966 ”

“ As the number and size of CATV systems have increased, their principal function has more frequently become the importation of distant signals. [16] In 1959, only 50 systems employed microwave relays, and the maximum distance over which signals were transmitted was 300 miles; by 1964, 250 systems used microwave, and the transmission distances sometimes exceeded 665 miles. ”

“ In the late 1950's, some 50 new systems were established each year; by 1959, there were 550 'nationally known and identified' systems serving a total audience of 1,500,000 to 2,000,000 persons. [13] It has been more recently estimated that 'new systems are being founded at the rate of more than one per day, and * * * subscribers * * * signed on at the rate of 15,000 per month.' [14] By late 1965, it was reported that there were 1,847 operating CATV systems, that 758 others were franchised but not yet in operation, and that there were 938 applications for additional franchises. ”