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U.S. CELLULAR CORP. v. F.C.C.

Nos. 00-1072, 00-1536, 00-1538, and 01-1047.

254 F.3d 78 (2001)

UNITED STATES CELLULAR CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Association of Public-Safety Communications Officials-International, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 2001.

Attorney(s) appearing for the Case

Thomas P. Van Wazer argued the cause for petitioners. With him on the briefs were James P. Young, Donald J. Evans and Sylvia Lesse. Stephen G. Kraskin entered an appearance.

Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, U.S. Department of Justice. Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, entered an appearance.

Robert M. Gurss and Tamara Y. Brown were on the brief for intervenor Association of Public-Safety Communications Officials-International, Inc.

Before: HENDERSON, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In an effort to speed implementation of enhanced 911 services for wireless phones, the Federal Communications Commission removed a provision conditioning wireless carriers' obligation to purchase and install the necessary technology on guaranteed state or local government funding. The carriers challenge this decision, arguing that, among other things, it contravenes the cost causation...

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