United States DC Circuit

Petition for review of defendant's refusal to rescind rule that will preclude cable operators from offering set-top converter boxes that bundle both security (descrambling) and non-security (e.g., channel selection) functions in a single device, is denied over claims that: 1) the integration ban violates the plain language of section 629(a) of the Communications Act, 47 U.S.C. section 549; and 2) defendant unreasonably declined to rescind the ban notwithstanding changed market conditions.

Appellate Information

• Argued 05/11/2006
• Decided 08/18/2006
• Published 08/18/2006

Judges

• Before:  GINSBURG, Chief Judge, and TATEL and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John D. Seiver argued the cause for petitioners and intervenor National Cable and Telecommunications Association.   With him on the briefs were Paul Glist, Paul B. Hudson, Christopher A. Fedeli, Daniel L. Brenner, and Neal M. Goldberg., Robert S. Schwartz and Julie M. Kearney were on the brief for intervenor Consumer Electronics Association.


• For Appellees:
  
• Joseph R. Palmore, Counsel, Federal Communications Commission, argued the cause for respondent.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.