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NATIONAL ASS'N OF BROADCASTERS v. F.C.C.

No. 08-1117.

569 F.3d 416 (2009)

NATIONAL ASSOCIATION OF BROADCASTERS, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Prometheus Radio Project, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 2009.

Attorney(s) appearing for the Case

Jack N. Goodman argued the cause for petitioner. With him on the briefs were Samir C. Jain, Dileep S. Srihari, Marsha J. MacBride, Jane E. Mago, Jerianne Timmerman, and Ann West Bobeck.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Matthew L. Berry, General Counsel, and Jacob M. Lewis and Daniel M. Armstrong, Associate General Counsel. Nickolai G. Levin, Robert B. Nicholson, and Robert J. Wiggers, Attorneys, entered appearances.

Andrew J. Schwartzman and Parul P. Desai were on the brief for intervenor in support of respondent.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

As part of its continuing effort to promote low power FM ("LPFM") radio service, the Federal Communications Commission in 2007 amended its LPFM rules, including announcing standards for waivers of certain protections against interference with full-power FM stations. Creation of a Low Power Radio Service, Third Report and Order and Second Further Notice of Proposed Rulemaking, 22 F.C.C. Rcd. 21,912 (Dec. 11, 2007) ("2007 Order"). In so...

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