The Federal Communications Commission (FCC) is on the verge of publishing rules, originally adopted in December, which put a market-share cap on cable operators of 30 percent of all video subscribers nationwide.

Comcast, the only company close to that number, reiterated that it will file suit to challenge the ruling.

The cap applies only to cable operators; it does not affect direct broadcast satellite (DBS) providers or phone companies providing video services.

The FCC proposed a similar cap six years ago. The decision was challenged by Time Warner Cable (TWC). The Circuit Court in D.C. said the decision was unjustified and voided the rule.

The current FCC is arguing that it has provided adequate justification to re-impose the rule, even as it seeks additional comment to buttress its justifications.

Comcast and the NCTA counter that, if anything, the rule is even less justifiable than it was six years ago given the increase in competition from DBS and telcos.

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