Petition for review of an order of the FCC directing plaintiff to carry the signal of a television station is denied where: 1) the FCC adequately analyzed and explained the statutory factors; 2) the FCC’s decision did not contravene the purpose of the must-carry statute; 3) plaintiff failed to demonstrate that the FCC applied the market modification provision unconstitutionally in violation of the First Amendment; and 4) plaintiff did not establish that by ordering it to carry the station, the FCC effected a taking in violation of the Fifth Amendment.
Read Cablevision Sys. Corp. v. FCC, No. 07-5553
Appellate InformationAppeal from the Federal Communications CommissionArgued: April 7, 2008 Decided: June 22, 2009
JudgesBefore WALKER, CABRANES, and RAGGI, Circuit Judges.Opinion by JOHN M. WALKER, JR., Circuit Judge.
CounselFor Petitioner: Henk Brands, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, D.C.
For Respondent: Jacob M. Lewis, Federal Communications Commission, Washington, D.C.
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