United States DC Circuit

A challenge to the FCC's authority to impose wireless number portability is time-barred. Because the FCC found that number portability rules are required to achieve the desired statutory goal of consumer protection, it did not err in declining to forbear from enforcement of the wireless number portability rules.

Appellate Information

• Argued 04/15/2003
• Decided 06/06/2003
• Published 06/06/2003

Judges

• Before:  EDWARDS, RANDOLPH and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew G. McBride argued the cause for petitioners.   With him on the briefs were John T. Scott III, Michael F. Altschul, and R. Michael Senkowski., L. Andrew Tollin, L. Charles Keller, Craig E. Gilmore, Glenn S. Rabin, Douglas I. Brandon, Laura R. Handman, Carol L. Tacker, Luisa L. Lancetti, and Lawrence J. Movshin were on the brief for intervenors Cingular Wireless LLC, et al., in support of petitioners.  Kenneth D. Patrich entered an appearance., Richard P. Bress and James H. Barker were on the brief for intervenor Leap Wireless International, Inc., urging affirmance.


• For Appellees:
  
• John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, John A. Rogovin, Acting General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, and Rodger D. Citron, Counsel.  Stewart A. Block, Counsel, entered an appearance., James Bradford Ramsay was on the brief for intervenor National Association of Regulatory Utility Commissioners in support of respondent.