United States DC Circuit

Defendant's refusal to refund a filing fee paid in connection with a permit application for construction of a broadcast tower was reasonable and did not violate the arbitrary and capricious standard of the Administrative Procedure Act.

Appellate Information

• Argued 12/04/2003
• Decided 01/27/2004
• Published 01/27/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John M. Pelkey argued the cause and filed the briefs for petitioners.  Larry L. Schrecongost entered an appearance.


• For Appellees:
  
• Harry M. Wingo, Jr., Counsel, Federal Communications Commission, Robert H. Pate III, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Andrea Limmer, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel were on the brief for respondents.   Jane E. Mago, Assistant General Counsel, C. Grey Pash, Jr., Counsel, and Adam D. Hirsh, Attorney, U.S. Department of Justice, entered appearances.