COMCAST CORP. v. F.C.C.

No. 07-1445.

526 F.3d 763 (2008)

COMCAST CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. National Cable & Telecommunications Association and Consumer Electronics Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 2008.


Attorney(s) appearing for the Case

David P. Murray argued the cause and filed the briefs for petitioner.

Raymond L. Gifford and Adam M. Peters were on the brief for amici curiae Americans for Prosperity, et al. in support of petitioner.

Matthew B. Berry, General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Joseph R. Palmore, Deputy General Counsel, Federal Communications Commission, Richard K. Welch, Acting Deputy Associate General Counsel, and Laurence N. Bourne, Counsel. James J. Fredricks, Attorney, U.S. Department of Justice, Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, and Joel Marcus, Counsel, entered appearances.

Robert S. Schwartz argued the cause for intervenor Consumer Electronics Association in support of respondents. With him on the brief were Julie M. Kearney and Mitchell L. Stoltz.

Daniel L. Brenner and Neal M. Goldberg were on the brief for intervenor National Cable & Telecommunications Association in support of respondents.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.


SILBERMAN, Senior Circuit Judge:

Petitioners, for the third time, challenge the FCC's policy regarding set-top converter boxes. We again deny their petition for review.

I.

We have explained the origins of this dispute between Comcast and the Commission in General Instrument Corp. v. FCC, 213 F.3d 724, 727-30 (D.C.Cir.2000) and Charter Communications, Inc. v. FCC...

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