Fox Television Stations, Inc. v. Federal Communications Commission and United States of America, National Association of Broadcasters, Intervenors

Opinion for the court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The Federal Communications Commission and two intervenors, the National Association of Broadcasters and the Network Affiliated Stations Alliance, separately petition for rehearing of the court’s decision in this case. See Fox Television Stations, Inc. v. FCC, 280 F.3d 1027 (D.C.Cir.2002). For the reasons that follow, we grant in part the Commission’s petition, modify the opinion accordingly, and deny the interve-nors’ petition.

I. The Meaning of “Necessary” in Section 202(h)

The Commission argues that “the decision should…