United States DC Circuit

Petition for review of administrative classification of "enhanced" calling cards as a telecommunications service is denied where retroactive application of the decision was appropriate since the decision did not change settled law and retroactive application did not result in a manifest injustice.

Appellate Information

• Argued 02/13/2006
• Decided 07/14/2006
• Published 07/14/2006

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David W. Carpenter argued the cause for petitioner.   With him on the briefs were David L. Lawson, James P. Young, and Judy Sello., Michael K. Kellogg argued the cause for intervenors.   With him on the brief were Sean A. Lev, Michael E. Glover, Edward H. Shakin, Bennett L. Ross, Robert B. McKenna, Bradford M. Berry, Samir C. Jain, and Lisa R. Youngers.  Scott K. Attaway and Jeffrey G. DiSciullo entered appearances.


• For Appellees:
  
• Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Acting Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.  Jacob M. Lewis, Attorney, entered an appearance.