CABLEVISION SYSTEMS CORP. v. F.C.C.

Docket No. 07-5553-ag.

570 F.3d 83 (2009)

CABLEVISION SYSTEMS CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, United States of America, Respondents, WRNN License Company, LLC, Intervenor.

United States Court of Appeals, Second Circuit.

Decided: June 22, 2009.


Attorney(s) appearing for the Case

Henk Brands (Allan J. Arffa and J. Adam Skaggs, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C., and Howard J. Symons and Tara M. Corvo (on the brief), Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, D.C., for Petitioner.

Jacob M. Lewis (Matthew B. Berry, Joseph R. Palmore, and Nicholas A. Degani, Federal Communications Commission, and Thomas O. Barnett, John J. O'Connell, Jr., Catherine G. O'Sullivan, and Robert J. Wiggers, U.S. Department of Justice, on the brief), Federal Communications Commission, Washington, D.C., for Respondent.

Andrew G. McBride (Todd M. Stansbury and William S. Consovoy, on the brief), Wiley Rein LLP, Washington, D.C., for Intervenor.

Jane E. Mago, Marsha J. MacBride, and Erin L. Dozier (on the brief), National Association of Broadcasters, Washington, D.C., for Amicus Curiae National Association of Broadcasters.

Before WALKER, CABRANES, and RAGGI, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

The must-carry provisions of the Cable Television Consumer Protection and Competition Act ("1992 Cable Act" or "Cable Act") require cable operators to transmit, over their cable systems, the signals of certain broadcast stations operating in the same market. The statute also gives the Federal Communications Commission ("FCC" or "the Commission") authority to modify a given broadcast station...

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