SATELLITE BROADCASTING AND COMMUNICATIONS ASSOCIATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents,
Association of America's Public Television Stations; Public Broadcasting Service; Corporation for Public Broadcasting; National Association of Broadcasters; Consumer Federation of America; Office of Communication, United Church of Christ, Incorporated, Intervenors.
EchoStar Satellite Corporation, Petitioner,
v.
Federal Communications Commission; United States of America, Respondents,
Association of America's Public Television Stations; Public Broadcasting Service; Corporation for Public Broadcasting; National Association of Broadcasters; Consumer Federation of America; Office of Communication, United Church of Christ, Incorporated, Intervenors.
National Association of Broadcasters, Petitioner,
Paxson Communications Corporation, Intervenor,
v.
Federal Communications Commission; United States of America, Respondents,
Association of America's Public Television Stations; Public Broadcasting Service; Corporation for Public Broadcasting; Consumer Federation of America; Office of Communication, United Church of Christ, Incorporated, Intervenors.
Satellite Broadcasting and Communications Association; EchoStar Communications Corporation; Dish, Limited, d/b/a Dish Network; DirecTV Enterprises, Incorporated; DirecTV Operations, Incorporated; DirecTV, Incorporated, Plaintiffs-Appellants, and
National Association of Broadcasters; The Association of Local Television Stations, Incorporated; The Univision Network Limited Partnership and Univision Television Stations, Incorporated, Intervenors/Plaintiffs,
v.
Federal Communications Commission; William E. Kennard, Chairman; Susan Ness, Commissioner, in her official capacity; Harold Furchtgott Roth; Michael K. Powell, Commissioner, in his official capacity; Gloria Tristani, Commissioner, in her official capacity; United States Copyright Office; Library of Congress; James H. Billington, Librarian of Congress; Mary Peters, Register of Copyrights, in her official capacity; United States of America, Defendants-Appellees,
Association of America's Public Television Stations; Public Broadcasting Service; Corporation for Public Broadcasting, Intervenors-Appellees,
Pegasus Communications Corporation; Channel Master LLC, Parties in Interest.
National Cable Satellite Corporation (C-SPAN); Space Systems/Loral, Incorporated; Paxson Communications Corporation; Consumer Federation of America; Office of Communication, United Church of Christ, Incorporated; National Alliance for Media Arts & Culture; Association of Independent Video and Filmmakers; Virginia Citizens Consumer Council; Conexant Systems, Incorporated; Broadcom Corporation, Movants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued September 25, 2001.
Decided December 7, 2001.
Attorney(s) appearing for the Case
ARGUED: Charles Justin Cooper, Cooper, Carvin & Rosenthal, P.L.L.C., Washington, DC, for Satellite, et al. Donald Beaton Verilli, Jr., Nory Miller, Jenner & Block, L.L.C., Washington, DC, for NAB. Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC; Louis Emmanuel Peraertz, Special Counsel, Federal Communications Commission, Washington, DC, for Federal Appellees. ON BRIEF: Michael W. Kirk, Victor J. Wolski, Cooper, Carvin & Rosenthal, P.L.L.C., Washington, DC; Brian Koukoutchos, Mandeville, LA; Charles G. Cole, Pantelis Michalopoulos, Rhonda M. Rivens Bolton, Steptoe & Johnson L.L.P., Washington, DC, for Satellite, et al. Henry L. Baumann, Benjamin F.P. Ivins, National Association of Broadcasters, Washington, DC; Thomas P. Olson, Wilmer, Cutler & Pickering, Washington, DC, for NAB, et al. Stuart E. Schiffer, Acting Assistant Attorney General, Jacob M. Lewis, Appellate Staff, Joseph W. Lobue, Hannah Stires, Federal Programs Branch, Civil Division, United States Department of Justice, Washington, DC; Jane A. Mago, General Counsel, Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, Washington, DC, for Federal Appellees. Robert A. Long, Jr., Mark H. Lynch, David L. Franklin, Covington & Burling, Washington, DC; Marilyn Mohrman-Gillis, Vice-President, Policy and Legal Affairs, Lonna Thompson, Director of Legal Affairs, Andrew D. Cotlar, Staff Attorney, Association of America's Public Television Stations, Washington, DC; Kathleen Cox, Senior Vice President Policy, General Counsel and Corporate Secretary, Robert M. Winteringham, Senior Staff Attorney, Corporation for Public Broadcasting, Washington, DC; Gregory Ferenbach, Senior Vice President and General Counsel, Paul Grego, Vice President and Deputy General Counsel, Public Broadcasting Service, Alexandria, VA, for Intervenors Public Television Stations, et al. Harold Feld, Andrew Jay Schwartzman, Cheryl A. Leanza, Media Access Project, Washington, DC, for Intervenors Consumer Federation, et al. Craig C. Reilly, Richards, McGettigan, Reilly & West, P.C., Alexandria, VA, for Intervenor Paxson.
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Petition for review denied and judgment affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WIDENER and Judge NIEMEYER joined.
MICHAEL, Circuit Judge.
Direct broadcast satellite (DBS) service has recently joined cable and broadcast television as a major force in the market for delivering television programming to consumers. In these consolidated cases, representatives of the satellite industry raise various constitutional challenges...
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