DISH Network Corp. v. FCC

Before: J. CLIFFORD WALLACE, BARRY G. SILVERMAN, and RICHARD C. TALLMAN, Circuit Judges.

The opinion filed on February 24, 2011, and published at 636 F.3d 1139 (9th Cir. 2011) is superseded by the amended opinion below. The opinion is amended as follows:

(1) At 636 F.3d at 1148 : Remove

(2) At id. : Replace See Turner I, 512 U.S. at 662, 114 S.Ct. 2445 .> with

With this amendment, Judges Silverman and Tallman have voted to deny Appellant's Petition for Rehearing En Banc filed on April 11, 2011, and Judge Wallace so recommends.

The full court has been advised of the Petition for Rehearing En Banc and no Judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The Petition for Rehearing En Banc is DENIED. No further petitions for rehearing shall be entertained.

TALLMAN, Circuit Judge:

DISH Network Corporation and DISH Network, LLC (collectively "DISH") appeal the district court's order denying DISH's motion for a preliminary injunction. DISH argues that it is likely to succeed in its argument that § 207 of the Satellite Television Extension and Localism Act of 2010 (STELA), Pub.L. No. 111-175, § 207 , 124 Stat. 1218 (amending 47 U.S.C. § 338…