United States DC Circuit

The FCC's interpretation of section 647 of the ORBIT Act, concluding that it is authorized to auction licenses to operate Direct Broadcast Satellite service channels, cannot stand on the current administrative record.

Appellate Information

• Argued 01/14/2005
• Decided 06/21/2005
• Published 06/21/2005

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael K. Kellogg argued the cause for the appellants/petitioners.   John C. Rozendaal and Antoinette Cook Bush were on brief.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for the appellee/respondent.  R. Hewitt Pate, Assistant Attorney General, Robert B. Nicholson and Steven J. Mintz, Attorneys, United States Department of Justice, and John A. Rogovin, General Counsel, Austin C. Schlick, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, were on brief.