Federal Appeals Court Rules in Favor of FCC

Federal Appeals Court Rules in Favor of FCC

Client News

Related Solutions

We help companies protect data, comply with evolving regulations, and respond to investigations and litigation.

We have litigated many significant cases before the federal and state courts, adjudicatory agencies and private arbitrators. Our lawyers have appeared before the Supreme Court and the federal appellate courts in dozens of appeals of Federal Communications Commission  and other agency decisions.

The strength of our practice extends to both sides of the Atlantic. In Europe, we litigate matters for clients before the European Court of First Instance and Court of Justice, and also handle litigation and appeals to national courts from regulatory authorities.

The US Court of Appeals for the DC Circuit recently dismissed an appeal of a Federal Communications Commission (FCC) order requiring that cable operators provide digital and analog versions of some television programs, beginning February 18, 2009. The Court declined to consider arguments that the rule will create reduced space on cable for non-broadcast programmers and infringe on their free speech rights.

The FCC Deputy General Counsel argued for the government and WilmerHale counsel Jack Goodman successfully argued for the intervenors, National Association of Broadcasters and the Association for Maximum Service Television.

Challenging the FCC, were programmers such as C-SPAN, A&E Networks and the Weather Channel, who argued that the FCC’s new ruling would unnecessarily eat up the cable channel’s capacity, and threaten the ability of existing and new cable networks to be carried, which the programmers argued, was a violation of the First Amendment.

Ruling in favor of the FCC and WilmerHale’s clients, the court decided that the programmers did not demonstrate that they would be injured by the FCC rule and rejected their arguments that the possibility of harm on any system was sufficient to allow the Court to consider their challenge. Thus, the Court ruled that the programmers lacked standing to challenge the FCC’s decision.

Notice

We appreciate your interest in WilmerHale. While we are pleased to have you contact us, please keep in mind that merely contacting WilmerHale does not create an attorney-client relationship. Such a relationship will not arise until the Firm agrees in writing to represent you in connection with a particular matter. Importantly, unless and until this has occurred, you should not provide us with any confidential information, and we have no duty to keep confidential any information that we may receive from you. Thank you for your understanding.

I Accept Cancel