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February 25, 2021
On Wednesday, the First Circuit issued an opinion affirming the District of Maineâs decision to grant a preliminary injunction to cable providers on First Amendment grounds against Maine regarding its à la carte cable law, ruling that cable providers should not be required to allow consumers to pick individual channels.
In 2019 Maine enacted a law (H.P. 606 – L.D. 832), entitled, âAn Act to Expand Options for Consumers of Cable Television in Purchasing Individual Channels and Programs,â which requires cable companies to allow consumers to pick cable channels or programs individually for purchase, instead of bundled in a channel or package of channels; thus, imposing an à la carte requirement for cable providers. Previously, the District of Maine granted Comcastâs preliminary injunction against the law, finding that the law was not preempted by federal law and violated Comcastâs and other cable providersâ