United States DC Circuit

Federal Communications Commission's rule under 47 CFR 51.703(b) prohibits Local Exchange Carriers from charging paging company for the cost of carrying pager calls, and the rule's validity remains independent of the Telecommunications Act of 1996.

Appellate Information

• Argued 05/09/2001
• Decided 06/15/2001
• Published 06/15/2001

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael K. Kellogg argued the cause for petitioners.   With him on the briefs were Aaron M. Panner, Michael E. Glover, Edward Shakin, Joseph Dibella, Dan L. Poole, Robert B. McKenna, Jeffry A. Brueggeman, James D. Ellis, Roger K. Toppins and Hope E. Thurrott.   Alfred G. Richter entered an appearance., Frederick M. Joyce, Christine McLaughlin, Ronald E. Quirk, Jr., Marianne Roach Casserly, Jonathan J. Nadler and Robert L. Hoggarth were on the brief for intervenors Metrocall, Inc., Arch Wireless, Inc. and Personal Communications Industry Association.  Angela E. Giancarlo entered an appearance.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents.   On the brief were Jane E. Mago, Acting General Counsel at the time the brief was filed, John E. Ingle, Deputy Associate General Counsel, Laurel R. Bergold, Counsel, John M. Nannes, Deputy Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys. Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, entered an appearance.