United States DC Circuit

Section 11 of the Telecommunications Act, which requires defendant to repeal or modify regulations that are "no longer necessary," does not impose a special evidentiary burden; defendant provided an adequate explanation for retention of the two rules challenged by plaintiff.

Appellate Information

• Argued 12/15/2003
• Decided 02/13/2004
• Published 02/13/2004

Judges

• Before:  RANDOLPH, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew G. McBride argued the cause in No. 02-1262 for petitioner.   With him on the brief were Eve Klindera Reed and John T. Scott III.  Lewis A. Tollin entered an appearance., Andrew G. McBride argued the cause in No. 03-1080 for petitioners.   With him on the briefs were Eve Klindera Reed, William P. Barr, Michael E. Glover and Edward H. Shakin., Peter H. Jacoby, David W. Carpenter, David L. Lawson and James P. Young were on the brief in No. 03-1080 for intervenor AT&T Corporation.   Mark C. Rosenblum entered an appearance.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause in No. 02-1262 for respondents.   On the brief were Robert H. Pate III, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel., Richard K. Welch, Counsel, Federal Communications Commission, argued the cause in No. 03-1080 for respondents.   With him on the brief were Robert H. Pate III, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel.   Laurence N. Bourne, Counsel, entered an appearance.