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| | [No title] |
 | | Petitioners Time Warner and AT&T challenge the horizontal limit as in excess of statutory authority, as unconstitutional infringements of their freedom of speech, and as products of arbitrary and capricious decisionmaking which violate the Administrative Procedure Act. |
 | | Together with AT&T, Time Warner also challenges as arbitrary and capricious the rules for determining what counts as an "attributable interest." Con- cluding that the FCC has not met its burden under the First Amendment and, in part, lacks statutory authority for its actions, we remand for further consideration of both limits. |
 | | As cable operators, Time Warner and AT&T "exercise[ ] editorial discretion in selecting the programming [they] will make available to [their] subscribers," Time Warner I, 211 F.3d at 1316, and are "entitled to the protection of the speech and press provisions of the First Amendment," Turner Broadcasting System, Inc. v. |
| pacer.cadc.uscourts.gov /common/opinions/200103/94-1035a.txt (8845 words) |
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