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ORLOFF v. F.C.C.

No. 02-1189.

352 F.3d 415 (2003)

Jacqueline ORLOFF, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. New Par and Verizon Wireless, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2003.

Attorney(s) appearing for the Case

Randy J. Hart argued the cause for petitioner. With him on the briefs was Mark D. Griffin.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Robert B. Nicholson and Steven J. Mintz, Attorneys, U.S. Department of Justice, Jane E. Mago, General Counsel, Federal Communications Commission, and John E. Ingle, Deputy Associate General Counsel. Daniel M. Armstrong, Associate General Counsel, entered an appearance.

Kathleen M. Trafford argued the cause for intervenors. With her on the brief were Daniel W. Costello and Kenneth D. Patrich.

Before: SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

In order to gain new business in the Cleveland, Ohio, area, Verizon Wireless negotiated with prospective customers and offered them special deals. Jacqueline Orloff, a former Verizon customer, filed a complaint with the Federal Communications Commission, claiming that Verizon's practice of granting "sales concessions" violated the non-discrimination clause of 47 U.S.C. § 202...

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