United States Third Circuit

Petition for review of FCC orders enacting new rules regarding competitive bidding for wireless communications spectrum licenses is dismissed as it was incurably premature because: 1) one order was non-final, and another had not been published in the Federal Register at the time the petition was filed; and 2) neither the law of the case doctrine nor the All Writs Act allowed the court of appeals to excuse the prematurity.

Appellate Information

• Argued 05/23/2007
• Decided 09/28/2007
• Published 09/28/2007

Judges

• Before:  CHAGARES, HARDIMAN and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Dennis P. Corbett, Esq. (Argued), S. Jenell Trigg, Esq., Leventhal, Senter & Lerman, Washington, DC, Attorneys for Petitioners., William T. Lake, Esq. (Argued), Wilmer Cutler Pickering Hale & Dorr, Washington, DC, Ian H. Gershengorn, Esq., Jenner & Block, Washington DC, Attorneys for Intervenors.


• For Appellees:
  
• Joseph R. Palmore, Esq. (Argued), Samuel L. Feder, Esq., Laurence N. Bourne, Esq., Federal Communications Commission, Office of General Counsel, Washington, DC, Robert B. Nicholson, Esq., Robert J. Wiggers, Esq., United States Department of Justice, Appellate Section, Washington DC, Attorneys for Respondents.