Legal Opinion

Building Owners & Managers Ass'n International v. Federal Communications Commission

Court of Appeals for the D.C. Circuit

Decided July 6, 2001No. Nos. 99-1009, 99-1021PublishedCited by 14 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge ROGERS.

Concurring opinion filed by Circuit Judge RANDOLPH.

ROGERS, Circuit Judge:

Following enactment of the Telecommunications Act of 1996, the Federal Communications Commission promulgated a rule prohibiting restrictions on certain over-the-air reception devices (“OTARD”). The rule invalidated

[a]ny restriction, including but not limited to any state or local law or regulation, including zoning, land-use or building regulation, or any private covenant, homeowners’ association rule or similar restriction on property within the exclusive use or…

2Cases cited30 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. United States v. Mead Corp.Supreme Court of the United States · 2001
  4. Cannon v. University of ChicagoSupreme Court of the United States · 1979
  5. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982

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3Cited by14 opinions

  1. Cellco Partnership v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 2012
  2. National Ass'n of Manufacturers v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2014
  3. Env Def v. EPACourt of Appeals for the D.C. Circuit · 2006
  4. Childrens Health Defense v. FCCCourt of Appeals for the D.C. Circuit · 2022
  5. National Ass'n of Manufacturers v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2015

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