DIRECTV, INC. v. F.C.C.

Nos. 96-1001, 96-1005, 96-1010 and 96-1011.

110 F.3d 816 (1997)

DIRECTV, INC., et al., Petitioners/Appellants, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 18, 1997.


Attorney(s) appearing for the Case

Lawrence S. Robbins, Washington, DC, argued the cause, for petitioners/appellants EchoStar Satellite Corporation, et al. With him on the briefs were H. Thomas Byron, III, Charles G. Cole and Philip L. Malet. William L. Fishman entered an appearance.

Maureen E. Mahoney, Washington, DC, argued the cause, for petitioner DIRECTV, Inc., with whom James H. Barker, III, and Gary M. Epstein were on the briefs.

Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, argued the cause, for respondents/appellees, with whom William E. Kennard, General Counsel, Roberta L. Cook, Counsel, Stewart A. Block, Counsel, Anne K. Bingaman, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, were on the brief.

Bruce J. Ennis, Jr., Washington, DC, argued the cause, for intervenor MCI Telecommunications Corporation, with whom Anthony C. Epstein was on the brief.

Before: GINSBURG, SENTELLE, and RANDOLPH, Circuit Judges.


Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Before us are four consolidated petitions for review of the Federal Communications Commission's rules and regulations governing the distribution of Direct Broadcasting Satellite channels reclaimed from Advanced Communications Corporation. See Revision of Rules and Policies for the Direct Broadcast Satellite Service, Report and Order, 11 F.C.C.R. 9712 (1995) (DBS Order...

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