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GLOBAL NAPS, INC. v. F.C.C.

No. 00-1136.

247 F.3d 252 (2001)

GLOBAL NAPS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Verizon Delaware, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 2001

Attorney(s) appearing for the Case

Christopher W. Savage argued the cause and filed the briefs for petitioner. John D. Seiver entered an appearance.

Lisa E. Boehley, 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, A. Douglas Melamed, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Robert J. Wiggers, Attorneys. Laurel R. Bergold, Counsel, Federal Communications Commission, and Nancy C. Garrison, Attorney, U.S. Department of Justice, entered appearances

Aaron M. Panner argued the cause for intervenors Verizon Telephone Companies. With him on the brief were Mark L. Evans, Michael E. Glover, Edward H. Shakin and Lawrence W. Katz.

Before: WILLIAMS, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

Petitioner Global NAPs, Inc. ("GNAPs") seeks review of a Federal Communications Commission ("FCC") ruling that GNAPs' tariff for Internet-bound traffic was facially invalid under FCC regulations. GNAPs raises both procedural and substantive challenges to the FCC's order. Specifically, GNAPs contends that the FCC violated its own rules and due process requirements in voiding the...

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