TIME WARNER ENTERTAINMENT CO., L.P. Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
BellSouth Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 17, 2000.
Decided March 2, 2001.
Attorney(s) appearing for the Case
David W. Carpenter argued the cause for petitioners AT&T Corporation and Time Warner Entertainment Co., L.P. With him on the briefs were Peter Keisler, David L. Lawson, C. Frederick Beckner III, Henk Brands and Robert D. Joffe. Charles S. Walsh, Richard B. Beckner, Stuart W. Gold and Marc C. Rosenblum entered appearances.
Robert D. Joffe and Henk Brands were on the briefs for petitioner Time Warner Entertainment Co., L.P. Charles S. Walsh, Richard B. Beckner and Stuart W. Gold entered appearances.
Andrew Jay Schwartzman, Cheryl A. Leanza and Harold Feld were on the briefs for petitioner Consumers Union.
James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Christopher J. Wright, General Counsel, Daniel M. Armstrong, Associate General Counsel, Joel Marcus and James M. Carr, Counsel, David W. Ogden, Acting Assistant Attorney General, U.S. Department of Justice, Mark B. Stern and Jacob M. Lewis, Attorneys, and Wilma A. Lewis, U.S. Attorney. William E. Kennard, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Catherine G. O'Sullivan, Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, entered appearances.
Henk J. Brands, Robert D. Joffe, Peter D. Keisler, David L. Lawson and C. Frederick Beckner III were on the brief for intervenor Time Warner Entertainment Co., L.P. in No. 99-1522. Mark C. Rosenblum entered an appearance.
Before: Williams, Randolph and Tatel, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge Williams.
WILLIAMS, Circuit Judge:
Section 11(c) of the Cable Television Consumer Protection and Competition Act of 1992, Pub.L. No. 102-385, 106 Stat. 1460 ("1992 Cable Act"), amends 47 U.S.C. § 533 to direct the Federal Communications Commission to set two types of limits on cable operators. The first type is horizontal, addressing operators' scale: "limits on the...
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