MONTGOMERY COUNTY, MD v. FCC

Nos. 08-3023/15-3578.

863 F.3d 485 (2017)

MONTGOMERY COUNTY, MARYLAND, et al. Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondents, United States Telecom Association, et al., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 12, 2017.


Attorney(s) appearing for the Case

ARGUED: Joseph Van Eaton , BEST BEST & KRIEGER LLP, Washington, D.C., for Petitioners. Maureen K. Flood , FEDERAL COMMUNICATIONS COMMISSION, Washington, D.C., for Respondents. ON BRIEF: Joseph Van Eaton , BEST BEST & KRIEGER LLP, Washington, D.C., for Petitioners. Maureen K. Flood , FEDERAL COMMUNICATIONS COMMISSION, Washington, D.C., Robert B. Nicholson , Robert J. Wiggers , UNITED STATES DEPARTMENT OF JUSTICE, for Respondents. Robert G. Kidwell , Tara M. Corvo , MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C., Washington, D.C., Bennett L. Ross , Brett A. Shumate , Dwayne D. Sam , WILEY REIN LLP, Washington, D.C., William H. Johnson , VERIZON, Washington, D.C., for Intervenors. James N. Horwood , Tillman L. Lay , SPIEGEL & McDIARMID LLP, Washington, D.C., for Amici Curiae.

Before: McKEAGUE, GRIFFIN, and KETHLEDGE, Circuit Judges.


OPINION

In this case we have one set of regulators litigating against another. Over the last ten years, the Federal Communications Commission has published three written orders that together establish a series of rules governing how local governments may regulate cable companies and cable services. Several local...

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