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

Nos. 10-1062, 10-1088.

649 F.3d 695 (2011)

CABLEVISION SYSTEMS CORPORATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents National Cable & Telecommunications Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2011.


Attorney(s) appearing for the Case

Henk J. Brands argued the cause for petitioners. With him on the briefs were Howard J. Symons and Jeffrey A. Lamken.

Neal M. Goldberg , Michael S. Schooler , Diane B. Burstein , Samuel L. Feder , and Matthew E. Price were on the brief for intervenor National Cable & Telecommunications Association in support of petitioner. Robert G. Kidwell entered an appearance.

C. Grey Pash Jr. , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Catherine G. O'Sullivan and Nancy C. Garrison , Attorneys, U.S. Department of Justice, Austin C. Schlick , General Counsel, Federal Communications Commission, Peter Karanjia , Deputy General Counsel, and Daniel M. Armstrong III , Associate General Counsel. Richard K. Welch , Deputy Associate General Counsel, and Nandan M. Joshi , Counsel, entered appearances.

Jonathan E. Nuechterlein argued the cause for intervenors AT & T, Inc., et al. in support of respondents. With him on the brief were Heather M. Zachary , Christopher M. Heimann , Gary L. Phillips , Scott H. Angstreich , Jeffrey M. Harris , Michael E. Glover , Edward Shakin , William H. Johnson , and Christopher J. Wright.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

Under section 628 of the Communications Act, the Federal Communications Commission has long imposed program access requirements on vertically integrated cable companies in order to limit their ability to withhold satellite programming from competitors in the video distribution market. Recognizing that existing regulations governing satellite video distribution allowed vertically integrated cable companies to withhold terrestrially delivered...

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