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C-SPAN v. F.C.C.

No. 08-1045.

545 F.3d 1051 (2008)

C-SPAN, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Association for Maximum Service Television, Inc. and National Association of Broadcasters, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 2008.

Attorney(s) appearing for the Case

Bruce D. Sokler argued the cause for petitioners. With him on the briefs was Robert G. Kidwell.

Burt A. Braverman was on the brief for amici curiae Africa Channel, et al. in support of petitioner.

Joseph R. Palmore, Deputy 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, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Daniel M. Armstrong, Associate General Counsel, and Joel Marcus, Counsel. C. Grey Pash Jr., Counsel, entered an appearance.

Jack N. Goodman argued the cause for intervenors Association for Maximum Service Television, Inc., et al. in support of respondent. With him on the brief were John A. Rogovin, Jane E. Mago, Jerianne Timmerman, and David L. Donovan. Dileep S. Srihari entered an appearance.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In connection with the congressionally mandated switch from analog to digital broadcast television transmission on February 19, 2009, the Federal Communications Commission promulgated regulations requiring cable systems with analog-only subscribers either to transmit, for three years after the date of transition, both analog and digital signals of must-carry broadcast channels, or to switch to an all-digital system. Carriage of Digital Television...

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