United States DC Circuit

In a petition for review of the Federal Communications Commission's (FCC) decision to extend for five years a statutory prohibition against exclusive contracts between cable operators and cable affiliated programming networks, the petition is denied where: 1) petitioners failed to make a specific, as-applied First Amendment challenge in their briefing and thus waived the issue; and 2) conclusions based on FCC's predictive judgment and technical analysis are just the type of conclusions that warrant deference.

Appellate Information

• Decided 03/12/2010
• Published 03/12/2010

Judges

• Before SENTELLE, Chief Judge, GRIFFITH and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Henk Brands argued the cause for petitioners. With him on the briefs were David P. Murray and Howard J. Symons., Helgi C. Walker argued the cause for intervenors Verizon, et al. With her on the brief were Michael E. Glover, Edward Shakin, William H. Johnson, Eve Klindera Reed, Christopher M. Heimann, Gary L. Phillips, Lynn R. Charytan, Jack N. Goodman, Heather M. Zachary, Dileep S. Srihari, and Pantelis Michalopoulos.


• For Appellees:
  
• Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel. Richard K. Welch, Deputy Associate General Counsel, entered an appearance., Harry F. Cole was on the brief for amicus curiae Broadband Service Providers Association in support of respondents.