United States DC Circuit

FCC's decision to dismiss a program access complaint, by a provider of direct broadcast satellite television service, was based on substantial evidence that a competitor did not engage in unfair competition or act to evade the program access requirements of 47 U.S.C. section 548(c).

Appellate Information

• Argued 02/05/2002
• Decided 06/11/2002
• Published 06/11/2002

Judges

• Before:  GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Pantelis Michalopoulos argued the cause for petitioner.   With him on the briefs were Charles G. Cole, Philip L. Malet and Rhonda M. Bolton., David E. Mills argued the cause for intervenors.   With him on the brief was David J. Wittenstein.


• For Appellees:
  
• Louis E. Peraertz, Special Counsel, Federal Communications Commission, argued the cause for respondent.   With him on the brief were Jane E. Mago, General Counsel, and Daniel M. Armstrong, Associate General Counsel.   Catherine G. O'Sullivan and Robert J. Wiggers, Attorneys, U.S. Department of Justice, entered appearances.