United States DC Circuit

In case where respondent-FCC concluded that, since the commission deadlocked on a petition to forbear from applying several regulatory requirements to a provider's broadband services, the petition was deemed granted, petitions for review challenging the granting of the forbearance are denied as there was no reviewable agency action.

Appellate Information

• Argued 10/15/2007
• Decided 12/07/2007
• Published 12/07/2007

Judges

• Before RANDOLPH and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Christopher J. Wright and David P. Murray argued the cause for Carrier Petitioners.   With them on the briefs were John W. Butler, Robert K. Magovern, Russell M. Blau, Patrick J. Donovan, Joshua M. Bobeck, Timothy J. Simeone, Thomas Jones, Randy J. Branitsky and Mary C. Albert.  Richard M. Rindler entered an appearance., Christopher J. White was on the brief for petitioner New Jersey Division of Rate Counsel., Colleen L. Boothby was on the brief for intervenor Ad Hoc Telecommunications Users Committee in support of petitioner., Scott H. Angstreich argued the cause for intervenors Verizon, et al.   With him on the brief were James D. Ellis, Gary L. Phillips, Robert B. McKenna, Michael K. Kellogg, Mark L. Evans, Gregory G. Rapawy, Michael E. Glover, Edward H. Shakin, and William H. Johnson.


• For Appellees:
  
• Joseph R. Palmore, Deputy General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Samuel L. Feder, General Counsel, Jacob M. Lewis, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Nandan M. Joshi, Attorney.  Robert J. Wiggers, Alisa B. Klein, Isaac J. Lidsky, Mark B. Stern, and Robert B. Nicholson, Attorneys, U.S. Department of Justice, entered appearances.