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ECHOSTAR SATELLITE L.L.C. v. F.C.C.

Nos. 04-1033, 04-1109.

704 F.3d 992 (2013)

ECHOSTAR SATELLITE L.L.C., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States Of America, Respondents National Cable & Telecommunications Association, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 2013.

Attorney(s) appearing for the Case

Pantelis Michalopoulos argued the cause for petitioner. With him on the briefs were Stephanie A. Roy and Andrew W. Guhr .

James M. Carr , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the briefs were Catherine G. O'Sullivan and James J. Fredricks , Attorneys, U.S. Department of Justice, Austin C. Schlick , General Counsel, Federal Communication Commission, Peter Karanjia , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel. Richard K. Welch , Deputy Associate General Counsel, Daniel M. Armstrong III , Associate General Counsel, and John A. Rogovin entered appearances.

Paul Glist and Neal M. Goldberg were on the brief for intervenor National Cable & Telecommunications Association in support of respondent. Loretta P. Polk entered an appearance.

Concurring opinion filed by Senior Judge EDWARDS.

BROWN, Circuit Judge:

In an industry marked by constant innovation and year-to-year change, the dispute over the regulations in this case has lasted a full decade. DISH Network L.L.C. ("DISH"),1 is a direct broadcast satellite provider. DISH challenges two orders of the Federal Communications Commission because they impose "encoding rules," which limit the means of encoding that cable and satellite service providers may employ to prevent...

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