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CBS BROADCASTING v. ECHOSTAR COMMUNICATIONS CORP.

Nos. 07-10020, 07-10178.

532 F.3d 1294 (2008)

CBS BROADCASTING, INC., et al., Plaintiffs-Counter-Defendants, Fox Broadcasting Company, FBC Television Affiliates Association, ABC Television Affiliates Association, NBC Television Affiliates, CBS Television Affiliates Association, Plaintiffs-Counter-Defendants-Appellants-Cross-Appellees, v. ECHOSTAR COMMUNICATIONS CORPORATION, d.b.a. DISH Network, EchoStar Satellite Corporation, Satellite Communications Operating Corporation, Direct Sat Corp., Defendants-Counter-Claimants-Appellees, Michael Mountford, National Programming Service, LLC, Proposed Intervenors-Cross-Appellants. CBS Broadcasting, Inc., et al., Plaintiffs-Counter-Defendants, Fox Broadcasting Company, FBC Television Affiliates Association, ABC Television Affiliates Association, NBC Television Affiliates, CBS Television Affiliates Association, Plaintiffs-Counter-Defendants-Appellants, v. EchoStar Communications Corporation, d.b.a. DISH Network, EchoStar Satellite Corporation, Satellite Communications Operating Corporation, Direct Sat Corp., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 7, 2008.

Attorney(s) appearing for the Case

Thomas P. Olson, A. Stephen Hut, Jr., Jonathan E. Nuechterlein, Wilmer, Cutler, Pickering, Hale & Dorr, LLP, Washington, DC, Wade H. Hargrove, David Kushner, Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, NC, for Plaintiffs.

Cynthia A. Ricketts, Mark A. Nadeau, DLA Piper U.S. LLP, Phoenix, AZ, Todd Gerald Vare, Barnes & Thornburg, LLP, Indianapolis, IN, for Defendants.

Before WILSON, COX and BOWMAN, Circuit Judges.

WILSON, Circuit Judge:

The issue before us is whether the nationwide, permanent injunction mandated by the Satellite Home Viewer Act of 1988, Pub.L. No. 100-667, tit. II, 102 Stat. 3949 ("SHVA"), prohibits Appellee EchoStar Communications Corporation ("EchoStar") from leasing its transponder to National Programming Service, LLC ("NPS"), thereby allowing NPS to retransmit distant network programming to eligible subscribers...

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