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NAT. CABLE & TELECOMMUNICATIONS ASSOC. v. F.C.C.

Nos. 08-1016, 08-1017.

567 F.3d 659 (2009)

NATIONAL CABLE & TELECOMMUNICATIONS ASSOCIATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents AT&T Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 2009.

Attorney(s) appearing for the Case

Paul M. Smith argued the cause for petitioner National Cable & Telecommunications Association. With him on the briefs were Daniel L. Brenner, Neal M. Goldberg, and Michael S. Schooler.

Matthew C. Ames argued the cause for petitioners National Multi Housing Council and National Apartment Association and intervenor Manufactured Housing Institute. With him on the briefs was John McDermott.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondent. On the brief were Matthew B. Berry, General Counsel, Joseph R. Palmore, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, and Laurence N. Bourne, Counsel. Nancy C. Garrison, Catherine G. O'Sullivan, and Kristen C. Limarzi, Attorneys, U.S. Department of Justice, entered appearances.

Andrew G. McBride argued the cause for intervenors AT & T Inc., et al. With him on the brief were Joshua S. Turner, David C. Rybicki, Gary Phillips, Christopher M. Heimann, Michael E. Glover, Edward Shakin, William H. Johnson, and Harry F. Cole.

Concurring opinion by Senior Circuit Judge SILBERMAN.

TATEL, Circuit Judge.

Finding that exclusivity agreements between cable companies and owners of apartment buildings and other multi-unit developments have an anti-competitive effect on the cable market, the Federal Communications Commission banned such contracts. The Commission believes that these deals—which involve a cable company exchanging a valuable service like wiring a building for the exclusive right to provide service to the residents—may be...

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