United States DC Circuit

Petition for review, brought on behalf of licensed amateur radio operators, of FCC orders promulgating a rule to regulate the use of the radio spectrum by Access Broadband over Power Line operators is granted in part and the order remanded where the FCC: 1) failed to satisfy the notice and comment requirements of the Administrative Procedure Act by redacting studies on which it relied; and 2) failed to provide a reasoned explanation for its choice of the extrapolation factor for measuring Access Broadband over Power Line emissions.

Appellate Information

• Argued 10/23/2007
• Decided 04/25/2008
• Published 04/25/2008

Judges

• Before:  ROGERS, TATEL and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jonathan J. Frankel argued the cause for petitioner.   With him on the briefs were Christopher D. Imlay, William T. Lake, Dileep S. Srihari, and Daniel A. Zibel., George Y. Wheeler, John B. Richards, Thomas B. Magee, James N. Horwood, Tillman L. Lay, Jill Mace Lyon, Brett Kilbourne, Mitchell Lazarus, and Harry F. Cole were on the brief for intervenors.


• 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, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Richard K. Welch, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel.