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COMPETITIVE ENTERPRISE v. FEDERAL COMMC'NS COM'N

No. 18-1281.

970 F.3d 372 (2020)

COMPETITIVE ENTERPRISE INSTITUTE, et al., Appellants v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 2020.

Attorney(s) appearing for the Case

Melissa Holyoak argued the cause for appellants. With her on the briefs were Theodore H. Frank and Sam Kazman .

Thaila Sundaresan , Counsel, Federal Communications Commission, argued the cause for appellee. With her on the brief were Thomas M. Johnson Jr. , General Counsel, David M. Gossett , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel. Jacob M. Lewis , Associate General Counsel, entered an appearance.

Dissenting opinion filed by Senior Circuit Judge Sentelle.

This appeal involves conditions imposed by the Federal Communications Commission on a merger of three cable companies. The conditions regulate in detail how the merged entity, which we call New Charter, may provide cable broadband Internet service. Among other things, the conditions (1) prohibit New Charter from charging programming...

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