United States DC Circuit

In the context of petitions under section 10 of the Communications Act of 1934, the Federal Communications Commission (FCC) may not refuse to consider a petition's merits solely because the petition seeks forbearance from uncertain or hypothetical regulatory obligations.

Appellate Information

• Argued 03/07/2006
• Decided 06/27/2006
• Published 06/27/2006

Judges

• Before:  RANDOLPH and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan E. Nuechterlein argued the cause for petitioner.   With him on the briefs were William T. Lake, Lynn R. Charytan, Brian W. Murray, Stephen M. Obenski, James D. Ellis, and Gary L. Phillips.


• For Appellees:
  
• Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondent.   On the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and James J. Fredricks, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.