United States DC Circuit

Petition for review of an FCC order imposing a monetary forfeiture for violating the Federal Communications Commission's "anti-collusion rule" is denied over claims that: 1) the Commission's interpretation of its rule was not "ascertainably certain" when the relevant interactions between petitioner and Northeast Communications of Wisconsin occurred; and 2) the Commission's application of the rule was arbitrary and capricious because the harm addressed by the rule did not occur and its application thus violated petitioner's commercial speech rights.

Appellate Information

• Argued 03/13/2008
• Decided 04/22/2008
• Published 04/22/2008

Judges

• Before:  HENDERSON, ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John F. Cooney argued the cause for petitioner.   With him on the brief were Emilio W. Cividanes and Ronald M. Jacobs.


• For Appellees:
  
• Joseph R. Palmore, Deputy General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Daniel M. Armstrong, Associate General Counsel, and Laurel R. Bergold, Counsel.