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CABLEVISION SYSTEMS CORP. v. F.C.C.

Nos. 07-1425, 07-1487.

597 F.3d 1306 (2010)

CABLEVISION SYSTEMS CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. AT&T Inc. and Verizon, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 12, 2010.

Attorney(s) appearing for the Case

Henk Brands argued the cause for petitioners. With him on the briefs were David P. Murray and Howard J. Symons.

Nandan M. Joshi, 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, Joseph R. Palmore, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel. Richard K. Welch, Deputy Associate General Counsel, entered an appearance.

Helgi C. Walker argued the cause for intervenors Verizon, et al. With her on the brief were Michael E. Glover, Edward Shakin, William H. Johnson, Eve Klindera Reed, Christopher M. Heimann, Gary L. Phillips, Lynn R. Charytan, Jack N. Goodman, Heather M. Zachary, Dileep S. Srihari, and Pantelis Michalopoulos.

Harry F. Cole was on the brief for amicus curiae Broadband Service Providers Association in support of respondents.

Dissenting opinion filed by Circuit Judge KAVANAUGH.

SENTELLE, Chief Judge:

In these consolidated cases, Cablevision Systems Corporation and Comcast Corporation petition for review of the Federal Communications Commission's decision to extend for five years a statutory prohibition against exclusive contracts between cable operators and cable affiliated programming networks. Petitioners assert that the Commission misinterpreted the plain meaning of the underlying statute. In addition, they argue the Commission's decision...

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