Unconstitutional Telco-Cable Cross-Ownership Ban: It Seemed Like a Good Idea at the Time

This article is a survey of the law regarding the federal government\u27s ability to regulate a telephone company\u27s provision of video programming to subscribers in its service area. Part I of the article is a history of the telco-cable cross-ownership ban. Part II is an analysis of the cases striking down the ban, exploring the rationale of these cases on a consolidated basis. Part III is a summary of the applicable standards by which to evaluate future attempts by Congress or the FCC to regulate telephone companies\u27 provision of video programming