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NTCH, INC. v. FEDERAL COMMUNICATIONS COM'N

No. 18-1241 Consolidated with 18-1242 No. 18-1243.

950 F.3d 871 (2020)

NTCH, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Dish Network Corporation, Intervenor NTCH, Inc., Petitioner v. Federal Communications Commission And United States of America, Respondents Dish Network Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 21, 2020.

Attorney(s) appearing for the Case

Donald J. Evans , Valparaiso, IN, argued the cause for appellant. With him on the briefs was Keenan Adamchak , McLean, VA.

Maureen K. Flood , Counsel, Federal Communications Commission, argued the cause for appellee. With her on the brief were Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Frances E. Marshall , Attorneys, Washington, DC, Thomas M. Johnson Jr. , General Counsel, Federal Communications Commission, Charleston, WV, David M. Gossett , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel, Washington, DC. Jacob M. Lewis , Associate General Counsel, Federal Communications Commission, Washington, DC, entered an appearance.

Bryan N. Tramont and J. Wade Lindsay , Washington, DC, were on the brief for intervenor. Jennifer B. Tatel , Washington, DC, entered an appearance.

Sarah E. Citrin , Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Michael F. Murray , Deputy Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Frances E. Marshall , Attorneys, Washington, DC, Thomas M. Johnson Jr. , General Counsel, Federal Communications Commission, Charleston, WV, David M. Gossett , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel, Washington, DC. Jacob M. Lewis , Associate General Counsel, Washington, DC, and Maureen K. Flood and Thaila Sundaresan , Counsel, Federal Communications Commission, entered appearances.

Before: Tatel, Garland, and Griffith, Circuit Judges.

Title III of the Communications Act of 1934 charges the Federal Communications Commission with the regulation of the "channels of radio transmission." 47 U.S.C. § 301. These cases arise out of three Commission spectrum-management decisions. First, the Commission "modified" Dish Network Corporation's licenses in the "Advanced Wireless Services...

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