United States DC Circuit

Petition for review of FCC orders reconfiguring the electromagnetic spectrum-s 800 MHz band is denied over petitioner's claims of: 1) arbitrary treatment; 2) retroactive rulemaking; 3) a takings clause violation; 4) unreasonable refusal to compensate for loss of subscribers; and 5) undervaluation of the new spectrum granted to a third party.

Appellate Information

• Argued 02/03/2006
• Decided 07/14/2006
• Published 07/14/2006

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David J. Kaufman argued the cause for the petitioners., Christopher J. Wright argued the cause for intervenors Sprint Nextel Corporation et al.  Timothy J. Simeone, Christine M. Gill, and Martin William Bercovici were on brief.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for the respondents.  Thomas O. Barnett, Acting Assistant Attorney General, Robert B. Nicholson and James J. Fredricks, Attorneys, United States Department of Justice, and Samuel L. Feder, General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, were on brief.  Laurel R. Bergold, Counsel, Federal Communications Commission, entered an appearance.