United States DC Circuit

In a challenge to an FCC order mandating that petitioner cease and desist the use of phone number port requests to contact defecting customers, petition for review is denied where: 1) the relevant statutory language is not unambiguously contrary to the FCC's interpretation; 2) the FCC has a substantial interest in limiting petitioner's commercial speech; and 3) the FCC's designation of two companies as "telecommunications carriers" was not arbitrary or capricious.

Appellate Information

• Argued 12/05/2008
• Decided 02/10/2009
• Published 02/10/2009

Judges

• Before:  SENTELLE, Chief Judge, and TATEL, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael K. Kellogg argued the cause for petitioners.   On the briefs were Aaron M. Panner, Andrew G. McBride, William P. Barr, Michael E. Glover, and Karen Zacharia., Bennett L. Ross, Joshua S. Turner, Thomas R. McCarthy, Joshua H. Seidermann, and Robert B. McKenna Jr. were on the briefs for intervenors United States Telecom Association and Independent Telephone & Telecommunications Alliance.  Craig E. Gilmore, Lawrence C. Keller, and Lewis A. Tollin entered appearances., Donald B. Verrilli Jr. argued the cause for intervenors Comcast Corporation, et al.   With him on the brief were Mark D. Schneider, Christopher W. Savage, Matthew A. Brill, J. Scott Ballenger, Brian W. Murray, and Lori Alvino McGill.


• For Appellees:
  
• James M. Carr, 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, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, and Richard K. Welch, Acting Deputy Associate General Counsel.   Joel Marcus, Counsel, Federal Communications Commission, entered an appearance., Daniel L. Brenner, Neal M. Goldberg, and Michael S. Schooler were on the brief for amicus curiae National Cable & Telecommunications Association in support of respondents., Gene Kimmelman and Chris Murray were on the brief for amicus curiae Consumers Union in support of respondents.