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NORTHPOINT TECHNOLOGY, LTD. v. F.C.C.

Nos. 02-1194, 02-1195, 02-1209, 03-1244, 03-1245, 03-1286, 03-1297, 03-1299 and 03-1300.

414 F.3d 61 (2005)

NORTHPOINT TECHNOLOGY, LTD. et al., Appellants v. FEDERAL COMMUNICATIONS COMMISSION, Appellee EchoStar Satellite Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2005.

Attorney(s) appearing for the Case

Richard P. Bress argued the cause for petitioners DIRECTV, Inc., et al. With him on the briefs were James H. Barker, III., Margaret L. Tobey, Pantelis Michalopoulos, Steven G. Reed, Alice E. Loughran, Phillip L. Spector, and Jeffrey H. Olson. Bart S. Epstein and Christa P. McAndrew entered appearances.

Michael K. Kellogg argued the cause for petitioners Northpoint Technology, Ltd., et al. With him on the briefs were Antoinette C. Bush and J.C. Rozendaal.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for appellee/respondents. With him on the brief were Robert H. Pate, III, Assistant Attorney General, Robert B. Nicholson and Steven J. Mintz, Attorneys, John A. Rogovin, General Counsel, Austin C. Schlick, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel. Jane E. Mago, Assistant General Counsel, entered an appearance.

Before: SENTELLE, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This case concerns new regulations issued by the Federal Communications Commission ("FCC" or "the Commission") allowing terrestrial multichannel video distribution and data service ("MVDDS"), to share the 12.2-12.7 GHz bandwidth ("12 GHz bandwidth") spectrum with direct broadcast satellite ("DBS") television services, as well as a decision by the FCC to auction MVDDS use of that...

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