TELESAT CANADA v. FEDERAL COMMUNICATIONS COMM'N

No. 20-1234.

999 F.3d 707 (2021)

TELESAT CANADA, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 4, 2021.


Attorney(s) appearing for the Case

W. Kenneth Ferree , Truckee, CA, argued the cause for petitioners. With him on the briefs were Henry Goldberg , Joseph A. Godles , Washington, DC, Carlos M. Nalda , Bruce Henoch , David S. Keir , Washington, DC, and Brennan Price , Newington, CT.

Pamela L. Smith , 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 , Washington, DC, and Matthew C. Mandelberg , Attorneys, Thomas M. Johnson, Jr. , General Counsel, Federal Communications Commission, Ashley S. Boizelle , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel. Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, entered an appearance.

Before: Tatel, Circuit Judge, and Silberman and Sentelle, Senior Circuit Judges.


This case deals with the question whether the FCC can charge foreign satellite operators with U.S. market access the same regulatory fees that their American licensed competitive counterparts pay. The FCC, reversing a long-held position, concluded by rule that the foreign...

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