United States DC Circuit

Where the FCC promulgates regulations that significantly implicate program content, section 1 of the Communications Act of 1934 is not a source of authority, thus video description regulations to enhance television video services must be vacated.

Appellate Information

• Decided 11/08/2002
• Published 11/08/2002

Judges

• Before:  EDWARDS, HENDERSON, and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert Corn-Revere argued the cause for petitioner Motion Picture Association of America, Inc., et al.   With him on the briefs was Ronald G. London., Daniel F. Goldstein argued the cause and filed the briefs for petitioner National Federation of the Blind., Donald J. Evans argued the cause for intervenors.   With him on the brief were Liliana E. Ward, Keith A. Noreika, and Robert A. Long, Jr.


• 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, and Jacob M. Lewis, Attorney, United States Department of Justice.   Catherine G. O'Sullivan, Chief Counsel, and Nancy C. Garrison, Attorney, United States Department of Justice, entered appearances.