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Beach Communications, Inc., Maxtel Limited Partnership, Pacific Cablevision and Western Cable Communications, Inc. v. Federal Communications Commission and United States of America, Spectradyne, Inc., National Cable Television Association, Inc., Wireless Cable Association, Inc., Southwestern Bell Corporation and Hughes Communications Galaxy, Inc., Intervenors
Citation: 10 F.3d 811Docket: 91-1089
Court: Court of Appeals for the D.C. Circuit; December 20, 1993; Federal Appellate Court
The case involves Beach Communications, Inc. and other petitioners challenging an order from the Federal Communications Commission (FCC). The United States Court of Appeals for the District of Columbia Circuit reviewed the case following a remand from the Supreme Court. The court ordered the publication of its decision issued on October 22, 1993. The court considered supplemental briefs from both parties and ultimately dismissed the petition for review. The judges concluded that there was no basis for applying a heightened scrutiny standard as asserted by the petitioners, resulting in no remaining issues that warranted further consideration. Consequently, the court directed the Clerk to delay issuing the mandate until seven days after the resolution of any timely petition for rehearing. This decision reflects the court's stance that the petitioners failed to present a meritorious claim against the FCC's order.