US Court of Appeals threw out the cap on the number of consumers that a cable operator may serve–saying that the 30% subscriber limit is “arbitrary and capricious”.

This decision was based on the assumption that the market is becoming more competitive and therefore can allow an increased means of competition.

“[T]he Commission has failed to demonstrate that allowing a cable operator to serve more than 30% of all cable subscribers would threaten to reduce either competition or diversity in programming” (Court statement).