United States DC Circuit

An FCC order implementing the restructuring of the 800 MHz spectrum used by mobile communications devices is affirmed where: 1) 47 U.S.C. section 405(a) barred most of Nextel's arguments because the FCC did not have an "opportunity to pass" on them and Nextel failed to petition for reconsideration; 2) on the merits, the FCC did not act arbitrarily and capriciously.

Appellate Information

• Argued 03/18/2008
• Decided 05/02/2008
• Published 05/02/2008

Judges

• Before:  SENTELLE, Chief Judge, and GINSBURG and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Christopher J. Wright argued the cause for appellant.   With him on the briefs were Timothy J. Simeone, Stephanie Weiner, Leonard J. Kennedy, General Counsel, and Robert S. Foosaner, Senior Vice President, Government Affairs, Sprint Nextel Corporation., Charles W. Logan, Jr. was on the brief for amicus curiae Fraternal Order of Police in support of appellant.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for appellee.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, Robert B. Nicholson and James J. Fredricks, Attorneys, U.S. Department of Justice, Matthew B. Berry, Acting General Counsel, Joseph R. Palmore, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission., Robert M. Gurss was on the brief for amicus curiae Association of Public-Safety Communications Officials-International in support of appellee.