United States DC Circuit

In determining local television market designations pursuant to cable television mandatory carriage rules, the FCC properly: 1) sustained earlier market modification rulings while changing the market definition mechanism; and, 2) promoted the use of certain signal strength data in market modification proceedings.

Appellate Information

• Argued 03/18/2002
• Decided 06/28/2002
• Published 06/28/2002

Judges

• Before:  GINSBURG, Chief Judge, HENDERSON and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Barry A. Friedman argued the cause for the petitioner., Peter H. Feinberg and Scott Dailard were on brief for the intervenor.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for the respondents.  Jane E. Mago, General Counsel, Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, and Catherine G. O'Sullivan and Andrea Limmer, Attorneys, United States Department of Justice, were on brief.