United States DC Circuit

In a petition for review of FCC standards for waivers of certain protections against interference with full-power FM stations, the petition is denied where the Preservation Act did not bar the FCC from reducing or eliminating interference protections other than third adjacent channel minimum distance separation requirements.

Appellate Information

• Argued 03/16/2009
• Decided 06/05/2009
• Published 06/05/2009

Judges

• Before:  ROGERS, GARLAND and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jack N. Goodman argued the cause for petitioner.   With him on the briefs were Samir C. Jain, Dileep S. Srihari, Marsha J. MacBride, Jane E. Mago, Jerianne Timmerman, and Ann West Bobeck.


• For Appellees:
  
• C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Matthew L. Berry, General Counsel, and Jacob M. Lewis and Daniel M. Armstrong, Associate General Counsel.  Nickolai G. Levin, Robert B. Nicholson, and Robert J. Wiggers, Attorneys, entered appearances., Andrew J. Schwartzman and Parul P. Desai were on the brief for intervenor in support of respondent.