United States DC Circuit

The Communications Act does not give the FCC authority to regulate apparatus that can receive television broadcasts when those apparatus are not engaged in the process of receiving a broadcast transmission.

Appellate Information

• Argued 02/22/2005
• Decided 05/06/2005
• Published 05/06/2005

Judges

• HARRY T. EDWARDS, Circuit Judge., Before:  EDWARDS, SENTELLE, and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Pantelis Michalopoulos argued the cause for petitioners.   With him on the briefs were Cynthia L. Quarterman, Rhonda M. Bolton, Lincoln L. Davies, and Gigi B. Sohn., Christopher Wolf, Bruce E. Boyden, Mace J. Rosenstein, and Catherine E. Stetson were on the brief for intervenor Motion Picture Association of America, Inc.


• For Appellees:
  
• Jacob M. Lewis, Attorney, Federal Communications Commission, argued the cause for respondents.   With him on the brief were R. Hewitt Pate, Assistant Attorney General, Catherine G. O'Sullivan and James J. Fredricks, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, Austin C. Schlick, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, and C. Grey Pash, Jr., Counsel.