SATELLITE BROADCASTING & COMMUNICATIONS ASSOCIATION OF AMERICA, et al., Plaintiffs,
v.
FEDERAL COMMUNICATIONS COMMISSION, et al., Defendants,
and
National Association of Broadcasters, et al., Defendant-Intervenors.
United States District Court, E.D. Virginia, Alexandria Division.https://leagle.com/images/logo.png
June 19, 2001.
June 19, 2001.
Attorney(s) appearing for the Case
Robert J. Cynkar, Cooper, Carvin & Rosenthal, Washington, DC, for Satellite Broadcasting & Communications Assn. of America, Echostar Communications Corp., DIRECTV Enterprises, Inc. and DIRECTV Operations, Inc.
Susan Rebbeca Podolsky, Jenner & Block, Washington, DC, for National Assn. of Broadcasters, Assn. of Local Television Stations, Inc., Universal Network Ltd. Partnership and Univision Television Stations, Inc.
Richard Parker, U.S. Attorney's Office, Alexandria, VA, for defendants.
Thomas H. Yancey, Sidley & Austin, Washington, DC, for Pegasus Communications Corp.
Michael Joseph McManus, Brian Arthur Coleman, Drinker, Biddle & Reath, Washington, DC, for Channel Master LLC.
Eleanor Carrie Nixon, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, DC, for National Cable Satellite Corp.
April Renee Callahan, Willkie, Farr & Gallagher, Washington, DC, for Space Systems/Loral, Inc.
Craig Crandall Reilly, Richards, McGettigan, Reilly & West P.C., Alexandria, VA, for Paxson Communications Corp.
George Luther Washington, Jr., Covington & Burling, Washington, DC, for Assn. of America's Public Television Stations, Public Broadcasting Service, and Corp. for Public Broadcasting.
Anthony William Show, Brobeck, Phlefer & Harrison, LLP, Washington, DC, for Conexant Systems, Inc.
United States District Court, E.D. Virginia, Alexandria Division.
MEMORANDUM OPINION
LEE, District Judge.
This case involves satellite carriers' facial challenge to the constitutionality of the copyright license created by the Satellite Home Viewer Improvement Act of 1999 and the license's "must carry" provisions under the First and Fifth Amendments to the Constitution. In essence, the satellite carriers assert that the "must carry" provisions of the new copyright license infringe upon carriers' First Amendment...
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