NAT'L ASS'N OF TELECOMMUNICATIONS OFFICERS v. FCC

No. 15-1295.

862 F.3d 18 (2017)

NATIONAL ASSOCIATION OF TELECOMMUNICATIONS OFFICERS AND ADVISORS, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. American Cable Association and National Cable & Telecommunications Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2017.


Attorney(s) appearing for the Case

Stephen B. Kinnaird , Washington, D.C., argued the cause for petitioners. With him on the briefs were Rick Kaplan and Jerianne Timmerman , Washington, D.C.

James M. Carr , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson , Washington, D.C., and Steven J. Mintz , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel. Jacob M. Lewis , Associate General Counsel, and Maureen K. Flood , Counsel, entered an appearance.

Matthew A. Brill , Matthew T. Murchison , Jonathan Y. Ellis , Washington, D.C., Matthew J. Glover , Jeffrey Alan Lamken , Rick C. Chessen , Michael S. Schooler , and Diane B. Burstein , Washington, D.C., were on the joint brief for intervenors in support of respondents.

Before: Henderson and Pillard, Circuit Judges, and Ginsburg, Senior Circuit Judge.


In 2015, the Federal Communications Commission reversed a decades-old, rebuttable presumption that determined whether state and local franchising authorities may regulate cable rates. Concerning Effective Competition; Implementation of Section 111 of the STELA Reauthorization Act, 80 Fed. Reg. 38001 (2015)...

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