COMCAST CABLE COMMUNICATIONS, LLC, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
The Tennis Channel, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 25, 2013.
Decided May 28, 2013.
Attorney(s) appearing for the Case
Miguel A. Estrada argued the cause for petitioners. With him on the briefs were Erik R. Zimmerman and Lynn R. Charytan.
H. Bartow Farr III, Rick Chessen, Neal M. Goldberg, Michael S. Schooler, and Diane B. Burstein were on the brief for amicus curiae The National Cable & Telecommunications Association in support of petitioner.
Peter Karanijia, Deputy General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Catherine G. O'Sullivan and Robert J. Wiggers, Attorneys, U.S. Department of Justice, Sean A. Lev, General Counsel, Federal Communications Commission, Jacob M. Lewis, Associate General Counsel, and Laurel R. Bergold, Counsel. Richard K. Welch, Deputy Associate General Counsel, Federal Communications Commission, and James M. Carr and C. Grey Pash Jr., Counsel, entered appearances.
Robert A. Long Jr. argued the cause for intervenor. With him on the brief were Stephen A. Weiswasser and Mark W. Mosier.
Markham C. Erickson was on the brief for amicus curiae Bloomberg L.P. in support of respondent.
Concurring opinion filed by Senior Circuit Judge EDWARDS.
United States Court of Appeals, District of Columbia Circuit.
WILLIAMS, Senior Circuit Judge:
Regulations of the Federal Communications Commission, adopted under the mandate of § 616 of the Communications Act of 1934 and virtually duplicating its language, bar a multichannel video programming distributor ("MVPD") such as a cable company from discriminating against unaffiliated programming networks in decisions about content distribution. More specifically, the regulations bar such conduct when the effect of the discrimination...
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