CBS CORP. v. F.C.C.

No. 14-1242.

785 F.3d 699 (2015)

CBS CORPORATION, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents National Association of Broadcasters, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 8, 2015.


Attorney(s) appearing for the Case

Robert A. Long argued the cause for petitioners. With him on the briefs were Mace J. Rosenstein , Andrew Soukup , and Kevin F. King.

Rick Kaplan , Jerianne Timmerman , Justin Faulb , and Jack N. Goodman were on the brief for intervenor National Association of Broadcasters in support of petitioners.

David M. Gossett , Deputy General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were David I. Gelfand , Deputy Assistant Attorney General, U.S. Department of Justice, Kristen C. Limarzi and Daniel E. Haar , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, Jacob M. Lewis , Associate General Counsel, and Lily S. Farel , Counsel. Robert B. Nicholson , Attorney, entered an appearance.

Michael K. Kellogg , Scott H. Angstreich , Timothy J. Simeone , Gary L. Phillips , David P. Murray , Matthew A. Brill , Matthew T. Murchison , Samuel L. Feder , and John Flynn were on the brief for intervenors AT & T, Inc., et al. in support of respondents. John R. Grimm and Christopher J. Wright entered appearances.

Pantelis Michalopoulos , Stephanie A. Roy , David A. LaFuria , and Brooks E. Harlow were on the brief for intervenors DISH Network Corporation and the American Cable Association in support of respondents.

Before: TATEL, SRINIVASAN, and WILKINS, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

To facilitate speedy consideration of two mergers of major cable companies, the Federal Communications Commission ordered the merger applicants to submit certain proprietary documents for review and, central to this case, proposed to make them available for examination...

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