United States DC Circuit

Petitions for review of respondents final rule implementing the Junk Fax Prevention Act of 2005 are dismissed. One petitioner's petition is dismissed as untimely as his challenge to the 1992 established business relationship exemption is beyond the scope of the 2006 rulemaking. The other petitioner lacks standing as he proposes no substantive changes to the rule that will affect the legal rights of those who send unsolicited faxes, among other things.

Appellate Information

• Argued 11/20/2007
• Decided 12/28/2007
• Published 12/28/2007

Judges

• Before: GINSBURG, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Christopher A. La Voy argued the cause for petitioner Robert Biggerstaff.   With him on the briefs were Edward Moomjian, II and Roy A. Katriel., Douglas M. McKenna argued the cause and filed the briefs pro se.


• For Appellees:
  
• C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, and Jacob M. Lewis and Daniel M. Armstrong, Associates General Counsel.  James J. Fredricks, Attorney, U.S. Department of Justice, and John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, entered appearances.