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GENERAL INSTRUMENT CORP. v. F.C.C.

Nos. 98-1420, 98-1423, 98-1576, 99-1204, 99-1312 and 99-1313.

213 F.3d 724 (2000)

GENERAL INSTRUMENT CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. National Cable Television Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 2000.

Attorney(s) appearing for the Case

Theodore Whitehouse argued the cause for petitioners and supporting intervenor. With him on the briefs were John L. McGrew, Glenn B. Manishin, Christy C. Kunin, Daniel L. Brenner, Neal M. Goldberg, Loretta P. Polk, Bruce D. Ryan, and Michelle W. Cohen.

Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause for respondents. Christopher J. Wright, General Counsel, Daniel M. Armstrong, Associate General Counsel, Lisa A. Burns, Counsel, Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, were on the brief. James M. Carr and Nancy L. Kiefer, Counsel, Federal Communications Commission, entered appearances.

David Alan Nall argued the cause for intervenors. With him on the brief were Jonathan Jacob Nadler, Jonathan D. Blake, Joe D. Edge, Mark F. Dever, Catherine M. Krupka, and Kevin S. DiLallo. Benigno E. Bartolome, Jr. and John W. Pettit entered appearances.

Before: SILBERMAN, WILLIAMS, and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners challenge an order of the Federal Communications Commission precluding cable television operators from offering "integrated" converter boxes that perform both security and ancillary functions. We think the Commission's ban on integrated devices is premised on a reasonable interpretation of section 629 of the Communications Act, and we deny the petitions.

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