United States DC Circuit

The FCC did not deprive plaintiff of due process, did not exceed its authority by invalidating plaintiff's tariff for Internet-bound traffic under 47 CFR 61.74(a) ab initio from the date it was published, and reasonably declared plaintiff's tariff unlawful.

Appellate Information

• Argued 02/20/2001
• Decided 04/27/2001
• Published 04/27/2001

Judges

• Before:  WILLIAMS, SENTELLE and ROGERS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Christopher W. Savage argued the cause and filed the briefs for petitioner. John D. Seiver entered an appearance., Aaron M. Panner argued the cause for intervenors Verizon Telephone Companies.   With him on the brief were Mark L. Evans, Michael E. Glover, Edward H. Shakin and Lawrence W. Katz.


• For Appellees:
  
• Lisa E. Boehley, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, A. Douglas Melamed, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Robert J. Wiggers, Attorneys.  Laurel R. Bergold, Counsel, Federal Communications Commission, and Nancy C. Garrison, Attorney, U.S. Department of Justice, entered appearances