United States Second Circuit

Petition for review of an order of the FCC directing plaintiff to carry the signal of a television station is denied where: 1) the FCC adequately analyzed and explained the statutory factors; 2) the FCC's decision did not contravene the purpose of the must-carry statute; 3) plaintiff failed to demonstrate that the FCC applied the market modification provision unconstitutionally in violation of the First Amendment; and 4) plaintiff did not establish that by ordering it to carry the station, the FCC effected a taking in violation of the Fifth Amendment.

Appellate Information

• Decided 06/22/2009
• Published 06/22/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before WALKER, CABRANES, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Henk Brands (Allan J. Arffa and J. Adam Skaggs, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C., and Howard J. Symons and Tara M. Corvo (on the brief), Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., Washington, D.C., for Petitioner., Andrew G. McBride (Todd M. Stansbury and William S. Consovoy, on the brief), Wiley Rein LLP, Washington, D.C., for Intervenor., Jane E. Mago, Marsha J. MacBride, and Erin L. Dozier (on the brief), National Association of Broadcasters, Washington, D.C., for Amicus Curiae National Association of Broadcasters.


• For Appellees:
  
• Jacob M. Lewis (Matthew B. Berry, Joseph R. Palmore, and Nicholas A. Degani, Federal Communications Commission, and Thomas O. Barnett, John J. O'Connell, Jr., Catherine G. O'Sullivan, and Robert J. Wiggers, U.S. Department of Justice, on the brief), Federal Communications Commission, Washington, D.C., for Respondent.