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SPECTRUM FIVE LLC v. FEDERAL COMMUNICATIONS COM'N

Nos. 13-1231, 13-1232.

758 F.3d 254 (2014)

SPECTRUM FIVE LLC, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. Echostar Satellite Operating Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 11, 2014.

Attorney(s) appearing for the Case

Scott H. Angstreich argued the cause for appellant. With him on briefs were John Thorne and Aaron M. Panner.

Matthew J. Dunne , Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers , Attorneys, Jonathan B. Sallet , Acting General Counsel, Federal Communications Commission, and Jacob.

M. Lewis , Associate General Counsel. Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, and James M. Carr , Counsel, entered appearances.

David H. Solomon , Bryan N. Tramont , Craig E. Gilmore , and Phuong N. Pham were on the brief for intervenor EchoStar Satellite Operating Corporation in support of appellee.

Christopher J. Wright was on the brief for amicus curiae DIRECTV, LLC in support of appellee.

Opinion for the Court filed by Circuit Judge WILKINS.

WILKINS, Circuit Judge:

Cable television has for many years been the primary way consumers receive video programming. A growing competitor of cable television is satellite service. See Comcast Corp. v. FCC, 579 F.3d 1, 3, 8 (D.C.Cir.2009). The demand for orbital space and radio spectrum is great in the increasingly competitive satellite service industry. Securing rights to operate a satellite at an orbital location is, therefore...

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