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MULTICULTURAL MEDIA, TELECOM AND INTERNET v. FCC

No. 16-1222.

873 F.3d 932 (2017)

MULTICULTURAL MEDIA, TELECOM AND INTERNET COUNCIL, and the League of United Latin American Citizens, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United, States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided October 17, 2017.

Attorney(s) appearing for the Case

Caroline S. Van Zile argued the cause for petitioners. With her on the briefs was Clifford M. Sloan .

Michael J. Gottlieb and Gregory J. Dubinsky were on the brief for amici curiae Asian Americans Advancing Justice AAJC, et al. in support of petitioners.

Andrew Jay Schwartzman was on the brief for amici curiae Former FCC Officials in support of petitioners.

Thaila K. Sundaresan , Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Robert B. Nicholson and Jonathan Lasken , Attorneys, U.S. Department of Justice, Howard J. Symons , General Counsel at the time the brief was filed, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel. Richard K. Welch , Deputy Associate General Counsel, entered an appearance.

Jerianne Timmerman was on the brief for amicus curiae The National Association of Broadcasters in support of respondents.

Opinion concurring in part and dissenting in part filed by Circuit Judge Millett.

In some Administrative Procedure Act cases, an agency is alleged to have acted contrary to a statutory command or prohibition, or to have exceeded the scope of statutory authority granted to the agency by Congress. See, e.g., Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S....

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