United States DC Circuit

Plaintiff's petition, concerning a cellphone tower erected in alleged violation of section 106 of the National Historic Preservation Act, is dismissed. Because plaintiff never initiated a proceeding with the FCC, the court lacks authority under the All Writs Act to issue a writ of mandamus "in aid of" prospective jurisdiction to review action the FCC might take.

Appellate Information

• Argued 01/09/2004
• Decided 02/24/2004
• Published 02/24/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Cary Berkeley Kaye, Supervising Attorney, argued the cause as amicus curiae in favor of petitioner's position.   With her on the briefs was Steven H. Goldblatt, Director of the Appellate Litigation Program, Georgetown University Law Center, appointed by the court., James M. Tennant, pro se, Georgetown, S.C., was on the briefs for petitioner.


• For Appellees:
  
• John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondent.   With him on the brief were Andrew C. Mergen and Susan L. Pacholski, Attorneys, U.S. Department of Justice, John A. Rogovin, General Counsel, Federal Communications Commission, and Lisa E. Boehley, Counsel., Stanley M. Gorinson argued the cause for respondents Cingular Wireless LLC and Crown Castle International Corp.   With him on the brief were Stephen E. Baskin, Judith L. Harris, and Robert H. Jackson., James Emory Smith, Jr., Assistant Deputy Attorney General, Attorney General's Office of State of South Carolina, was on the brief for respondent Rodger Stroup, State Historic Preservation Officer.