United States DC Circuit

In a petition for review of an FCC order prohibiting exclusivity agreements between cable companies and owners of multi-unit developments, the petition is denied, where Section 628 of the Communications Act does not restrict the FCC to prohibiting unfair dealing between programming vendors and multichannel video programming distributors.

Appellate Information

• Argued 04/17/2009
• Decided 05/26/2009
• Published 05/26/2009

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul M. Smith argued the cause for petitioner National Cable & Telecommunications Association.   With him on the briefs were Daniel L. Brenner, Neal M. Goldberg, and Michael S. Schooler., Matthew C. Ames argued the cause for petitioners National Multi Housing Council and National Apartment Association and intervenor Manufactured Housing Institute.   With him on the briefs was John McDermott., Andrew G. McBride argued the cause for intervenors AT & T Inc., et al.   With him on the brief were Joshua S. Turner, David C. Rybicki, Gary Phillips, Christopher M. Heimann, Michael E. Glover, Edward Shakin, William H. Johnson, and Harry F. Cole.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondent.   On the brief were Matthew B. Berry, General Counsel, Joseph R. Palmore, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, and Laurence N. Bourne, Counsel.  Nancy C. Garrison, Catherine G. O'Sullivan, and Kristen C. Limarzi, Attorneys, U.S. Department of Justice, entered appearances.