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CHARTER COMMUNICATIONS, INC. v. F.C.C.

No. 05-1237.

460 F.3d 31 (2006)

CHARTER COMMUNICATIONS, INC. and Advance/Newhouse Communications, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Consumer Electronics Association and National Cable & Telecommunications Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 18, 2006.

Attorney(s) appearing for the Case

John D. Seiver argued the cause for petitioners and intervenor National Cable and Telecommunications Association. With him on the briefs were Paul Glist, Paul B. Hudson, Christopher A. Fedeli, Daniel L. Brenner, and Neal M. Goldberg.

Joseph R. Palmore, Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.

Robert S. Schwartz and Julie M. Kearney were on the brief for intervenor Consumer Electronics Association.

Before: GINSBURG, Chief Judge, and TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Cable television operators petition for review of an order of the Federal Communications Commission (FCC). In that order, the FCC declined to rescind a rule that will preclude cable operators from offering set-top converter boxes that bundle both security (descrambling) and non-security (e.g., channel selection) functions in a single device...

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