United States DC Circuit

In the absence of any showing of harm, the FCC's lack of SBA approval of definitions at the time it adopted a new rulemaking order does not nullify the entire rulemaking where the SBA approved the definitions before the 800 MHz SMR auction.

Appellate Information

• Argued 01/11/2001
• Decided 06/08/2001
• Published 06/08/2001

Judges

• Before HENDERSON, ROGERS and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert H. Schwaninger, Jr. argued the cause for the petitioner.


• For Appellees:
  
• Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause for the respondents.  Christopher J. Wright, General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, A. Douglas Melamed, Acting Assistant Attorney General, and Catherine G. O'Sullivan and Andrea Limmer, Attorneys, United States Department of Justice, were on brief.