United States DC Circuit

Petition for review is denied where an FCC order, requiring all televisions with a display of 13 inches or greater and certain other devices include a tuner capable of receiving and decoding digital television signals, is a reasonable exercise of authority under the All Channel Receiver Act, 47 U.S.C. section 303(s).

Appellate Information

• Decided 10/28/2003
• Published 10/28/2003

Judges

• Before:  GINSBURG, Chief Circuit Judge, ROBERTS, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan Jacob Nadler argued the cause for petitioner.   With him on the briefs were Joseph P. Markoski, David A. Nall, Angela M. Simpson, and David R. Siddall., Donald B. Verrilli, Jr., argued the cause for intervenors.   With him on the brief were Ian Heath Gershengorn and Robin M. Meriweather, Henry L. Baumann, National Association of Broadcasters (NAB), Jack N. Goodman, NAB, and Valerie Schulte, NAB, and David Donovan, Association for Maximum Service Television, Inc.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission (FCC), argued the cause for respondents.   With him on the brief were John A. Rogovin, General Counsel, FCC, and Daniel M. Armstrong, Associate General Counsel, FCC, R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, and Catherine G. O'Sullivan and Andrea Limmer, Attorneys, Department of Justice.