EchoStar Satellite, LLC v. FCC, et al, No. 04-1033 (D.C. Cir. 2013)Annotate this Case
DISH, a direct broadcast satellite provider, challenged two orders of the Commission because they imposed "encoding rules," which limited the means of encoding that cable and satellite service providers could employ to prevent unauthorized access to their broadcasts. The court held that the FCC's decision to apply these encoding rules exceeded the agency's statutory authority. Consequently, the court need not reach DISH's alternate contention that the decision was arbitrary and capricious. Accordingly, the court granted the petition for review.