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BUILDING OWNERS AND MANAGERS ASS'N INT. v. F.C.C.

Nos. 99-1009, 99-1021.

254 F.3d 89 (2001)

BUILDING OWNERS AND MANAGERS ASSOCIATION INTERNATIONAL, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Satellite Broadcasting and Communications Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2001.

Attorney(s) appearing for the Case

Matthew C. Ames argued the cause for petitioners. With him on the brief were William Malone and Nicholas P. Miller.

Gregory M. Christopher, 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, A. Douglas Melamed, Acting Assistant Attorney General, United States Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys. John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, United States Department of Justice, entered appearances.

Richard P. Bress argued the cause for intervenors, DIRECTV, Inc., et al. With him on the brief were James H. Barker, Margaret L. Tobey, Joan E. Neal, Cristina Chou Pauze, Timothy R. Graham, Joseph M. Sandri, Jr., Barry J. Ohlson, David Alan Nall, Jonathan Jacob Nadler and Benigno E. Bartolome, Jr. Philip L. Verveer and Theodore C. Whitehouse entered appearances.

Before: RANDOLPH, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

Concurring opinion filed by Circuit Judge RANDOLPH.

ROGERS, Circuit Judge:

Following enactment of the Telecommunications Act of 1996, the Federal Communications Commission promulgated a rule prohibiting restrictions on certain over-the-air reception devices ("OTARD"). The rule invalidated

[a]ny restriction, including but not limited to any state or local law or regulation, including zoning...

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