United States DC Circuit

47 USC 309(j)(2) bars the FCC from requiring non-commercial entities to participate in auctions for FM radio spectrum licenses, because the nature of the station, not the area of the spectrum, determines the statute's authority.

Appellate Information

• Argued 04/20/2001
• Decided 07/03/2001
• Published 07/03/2001

Judges

• Before:  GINSBURG, RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Patrick F. Philbin argued the cause for petitioners.   With him on the briefs were John F. Wood, Ernest Thomas Sanchez, Susan M. Jenkins, Neal A. Jackson, Gregory A. Lewis, Michelle M. Shanahan, Marilyn Mohrman-Gillis and Robert M. Winteringham., Dennis J. Kelly, Lauren A. Colby and John G. Bentley were on the brief for intervenors Lay Catholic Broadcasting Network, Spring Arbor College and Cornerstone Community Radio, Inc., Cheryl A. Leanza, Andrew Jay Schwartzman and Harold J. Feld were on the brief for amicus curiae National Federation of Community Broadcasters.


• For Appellees:
  
• C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Jane E. Mago, Acting General Counsel, Daniel M. Armstrong, Associate General Counsel, John M. Nannes, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Christopher Sprigman, Attorneys.  Christopher J. Wright, General Counsel, Federal Communications Commission, entered an appearance.