NATIONAL ASSS'N OF BROADCASTERS v. F.C.C.

Nos. 14-1154, 14-1179, 14-1218.

789 F.3d 165 (2015)

NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents CTIA — The Wireless Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2015.


Attorney(s) appearing for the Case

Miguel A. Estrada argued the cause for petitioner National Association of Broadcasters. John K. Hane argued the cause for petitioner Sinclair Broadcast Group, Inc. With them on the joint briefs were Lucas C. Townsend , Ashley S. Boizelle , Rick Kaplan , Jerianne Timmerman , Jeetander T. Dulani , and Cynthia Cook Robertson.   Clifford M. Harrington , Thomas G. Allen , and Jane E. Mago entered appearances.

Jacob M. Lewis , Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert J. Wiggers and Kristen C. Limarzi , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and C. Grey Pash Jr. , Counsel. Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, entered an appearance.

Dominic F. Perella argued the cause for intervenors CTIA — The Wireless Association, et al. in support of respondents. With him on the brief were Michael K. Kellogg , Scott H. Angstreich , Catherine E. Stetson , Elizabeth Austin Bonner , Michael Altschul , Rebecca M. Thompson , and Julie M. Kearney.

Preston R. Padden and Daniel M. Armstrong were on the brief for intervenor Expanding Opportunities for Broadcasters Coalition in support of respondents.

Opinion for the Court filed by Circuit Judge SRINIVASAN.


This case arises out of the Federal Communications Commission's rulemaking under Title VI of the Middle Class Tax Relief and Job Creation Act of 2012, Pub.L. No. 112-96, 126 Stat. 156, known as the Spectrum Act. In recognition of the changing needs of American consumers, the Spectrum Act authorizes the FCC to shift a portion...

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