United States DC Circuit

Section 9 of the Communications Act of 1934 is sufficient to justify the assessment and collection of regulatory fees from petitioner's use of satellite space station, and the statute's policy favoring recovery of regulatory costs justifies the F.C.C.'s attempt to prevent subsidization of petitioner's satellite usage fees by its competitors.

Appellate Information

• Argued 01/14/2002
• Decided 03/22/2002
• Published 03/22/2002

Judges

• Before:  SENTELLE and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lawrence W. Secrest, III argued the cause for petitioner.   With him on the briefs were William B. Baker, Daniel E. Troy, Howard D. Polsky and Robert A. Mansbach.  Warren Y. Zeger entered an appearance., Henry Goldberg and Joseph A. Godles were on the brief for intervenor.   W. Kenneth Ferree entered an appearance.


• For Appellees:
  
• C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Jane E. Mago, General Counsel, Daniel M. Armstrong, Associate General Counsel, FCC, and Charles A. James, Assistant Attorney General, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, U.S. Department of Justice.