Dish Network Corp. v. Federal Communications Commission

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 Local-ism Act of 2010 (STELA), Pub. L. No. 111-175, § 207 , 124 Stat. 1218 (amending 47 U.S.C. § 338 (2006)), which accelerates the timetable under which satellite providers that carry local stations in high-definition (HD) format in a particular market must carry “qualified noncommercial educational television stations” in HD, is a content-based regulation of free speech in violation of the First Amendment. DISH asserts that the statute interferes with its editorial discretion and judgment by forcing it to delay offering commercial programming in HD to certain markets. That delay, DISH argues, forces DISH subscribers to receive Public Broadcasting Service (PBS) 1 programs in HD before commercial programs, even though they “prefer watching the World Cup and American Idol in vivid colors over Jim Leher and Elmo.”

Because we agree with the district court that DISH failed to demonstrate it is likely to succeed on…