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CONSUMER FEDERATION OF AMERICA v. F.C.C.

Nos. 02-1337 & 02-1347.

348 F.3d 1009 (2003)

CONSUMER FEDERATION OF AMERICA, et al., Petitioners/Appellants, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents/Appellees. AT&T Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 2003.

Attorney(s) appearing for the Case

Cheryl A. Leanza argued the cause for petitioners/appellants. With her on the briefs were Harold Feld and Andrew Jay Schwartzman.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents/appellees. With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, Robert B. Nicholson and Steven J. Mintz, Attorneys, John Rogovin, Acting General Counsel, and Daniel M. Armstrong, Associate General Counsel.

Arthur J. Burke argued the cause for intervenors Comcast Corporation, et al. With him on the brief were Dennis E. Glazer and David L. Lawson. Mark C. Rosenblum entered an appearance.

Before: EDWARDS, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

This dispute arose during the Federal Communications Commission's review of a proposed merger between AT&T Broadband Corp. ("AT&T") and Comcast Corp. The Commission rejected a request from several consumer groups to place in the record an agreement between AT&T and Time Warner, Inc.1 The agreement established the terms by which Time Warner...

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