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AGAPE CHURCH, INC. v. F.C.C.

No. 12-1334.

738 F.3d 397 (2013)

AGAPE CHURCH, INC., et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 27, 2013.

Attorney(s) appearing for the Case

William S. Consovoy argued the cause for Petitioners. On the briefs were Helgi C. Walker , Kathleen A. Kirby , Eve Klindera Reed , and Christiane M. McKnight . Jane E. Mago and Jerianne Timmerman entered appearances.

Andrew Jay Schwartzman argued the cause and filed the brief for intervenor National Hispanic Media Coalition.

Joel Marcus , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were William J. Baer , Assistant Attorney General, and Robert B. Nicholson and Kristen C. Limarzi , Attorneys, U.S. Department of Justice; Sean A. Lev , General Counsel, Peter Karanjia , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel, Federal Communications Commission. Richard K. Welch , Deputy Associate General Counsel, and Laurence N. Bourne , Counsel, Federal Communications Commission, entered appearances.

Matthew A. Brill argued the cause for intervenors National Cable & Telecommunications Association and Time Warner Cable, Incorporated. With him on the brief were Richard P. Bress , Amanda E. Potter , Katherine I. Twomey , Rick C. Chessen , Michael S. Schooler , and Diane B. Burstein .

Concurring opinion filed by Circuit Judge KAVANAUGH.

EDWARDS, Senior Circuit Judge.

In the Cable Television Consumer Protection and Competition Act of 1992 (the "Cable Act"), Congress enacted provisions requiring cable television systems to dedicate some of their channels to local broadcast stations, creating so-called "must-carry" rights for stations electing such mandatory carriage. See 47 U.S.C. §§ 534-35. Section 614(b)(7), the principal statutory provision at issue in this case, states that must...

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