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VALUEVISION INTERN., INC. v. F.C.C.

Nos. 97-1138, 97-1178.

149 F.3d 1204 (1998)

VALUEVISION INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Center for Media Education, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1998.

Attorney(s) appearing for the Case

William R. Richardson, Jr. argued the cause for petitioner ValueVision International, Inc. With him on the briefs was Jonathan J. Frankel. J. Roger Wollenberg entered an appearance.

Peter Tannenwald argued the cause and filed the briefs for petitioner Community Broadcasters Association.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the briefs were Christopher J. Wright, General Counsel, and Daniel M. Armstrong, Associate General Counsel. Robert J. Wiggers and Robert B. Nicholson, Attorney, U.S. Department of Justice, entered appearances.

Daniel L. Brenner, Neal M. Goldberg and Diane B. Burstein were on the brief for intervenor National Cable Television Association, Inc.

Angela J. Campbell, Andrew J. Schwartzman and Gigi B. Sohn were on the briefs for intervenors Center for Media Education, et al.

Before: RANDOLPH, ROGERS, and TATEL, Circuit Judges.

RANDOLPH, Circuit Judge:

These consolidated petitions for review challenge portions of a Federal Communications Commission rule setting rates, terms and conditions for the carriage of "leased access" programming on cable systems.

Our opinion in Time Warner Entertainment Co. v. FCC, 93 F.3d 957, 967-69 (D.C.Cir.1996), describes the subject of leased access as follows: "In response to FCC v. Midwest Video Corp.,

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