Viacom International Inc. v. Federal Communications Commission

TEMPORARY RESTRAINING ORDER

I. Background

Plaintiff Viacom International Inc. (“Viacom”) filed this suit challenging the constitutionality of Sections 4 and 5 of the Cable Television Consumer Protection and Competition of 1992, 47 U.S.C. §§ 534 and 535 (“1992 Act”), pursuant to the First and Fifth Amendments of the Constitution. In addition to a declaratory judgment declaring the aforesaid provisions unconstitutional, Viacom requested a temporary restraining order enjoining implementation and enforcement of Sections 4 and 5, which provisions Viacom would be required to comply with as of Wednesday, June 2, 1993 pursuant to Federal Communications Commission (“FCC”) regulations. Viacom also requested that this case be heard by a three judge district court pursuant to 47 U.S.C. § 555 (c).

A three judge district court — consisting of Judge Poole of the Ninth Circuit Court of Appeals, and Judge Smith and Judge Lynch of this Court — has been convened. For purposes of ruling on plaintiffs request for a temporary restraining order, Judge Lynch of this Court will retain sole jurisdiction over this matter, with all further proceedings in this case to take place before the full three judge…