United States DC Circuit

A petition for review, brought by a provider of direct-to-the-home satellite television service, of two orders in which the FCC adopted an improved version of its Individual Location Longley-Rice (ILLR) model for predicting the strength of broadcast television signals is denied over claims that the FCC: 1) violated 47 U.S.C. section 339(c)(3); 2) did not comply with Administrative Procedure Act notice and comment requirements; and 3) violated a principle in statutes dealing with satellite home viewing.

Appellate Information

• Argued 12/12/2005
• Decided 07/25/2006
• Published 07/25/2006

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Pantelis Michalopoulos argued the cause for petitioner.   With him on the briefs were Rhonda M. Bolton and John D. Clopper., Thomas P. Olson argued the cause and filed the brief for intervenors National Association of Broadcasters, et al.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel.  John A. Rogovin, Attorney, entered an appearance.