The D.C. Circuit recently granted DISH Network LLC’s petition for review and vacated two FCC orders, which limited how all “multichannel video programming distributors” (“MVPDs”), including both cable and satellite providers, may encode their broadcasts to prevent unauthorized access.  EchoStar Satellite, LLC v. FCC, 704 F.3d 992 (D.C. Cir. 2013) (Nos. 04-1033, 04-1109).  DISH sought review of two FCC orders promulgated under § 629of the Communications Act (47 U.S.C. § 549), arguing that these “encoding rules” exceeded the FCC’s statutory authority, or, alternatively, that the decision to impose the encoding rules was arbitrary and capricious.  The D.C. Circuit decided the matter solely on the former grounds, concluding that the FCC unreasonably interpreted its authority “to assure the commercial availability” of equipment for MVPD services.  The court reasoned that the statutory authority and the broader regulatory regime provided only limited authority to the FCC in this area.  While the encoding rules were the only challenged parts of the FCC orders, the D.C. Circuit vacated the orders in their entirety because the FCC contended that the encoding rules were not severable..