CELLULAR TELECOMMUNICATIONS & INTERNET v. F.C.C.

No. 02-1264.

330 F.3d 502 (2003)

CELLULAR TELECOMMUNICATIONS & INTERNET ASSOCIATION and Cellco Partnership, d/b/a Verizon Wireless, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Cingular Wireless LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 2003.


Attorney(s) appearing for the Case

Andrew G. McBride argued the cause for petitioners. With him on the briefs were John T. Scott III, Michael F. Altschul, and R. Michael Senkowski.

John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, John A. Rogovin, Acting General Counsel, Federal Communications Commission, Richard K. Welch, Associate General Counsel, and Rodger D. Citron, Counsel. Stewart A. Block, Counsel, entered an appearance.

L. Andrew Tollin, L. Charles Keller, Craig E. Gilmore, Glenn S. Rabin, Douglas I. Brandon, Laura R. Handman, Carol L. Tacker, Luisa L. Lancetti, and Lawrence J. Movshin were on the brief for intervenors Cingular Wireless LLC, et al., in support of petitioners. Kenneth D. Patrich entered an appearance.

James Bradford Ramsay was on the brief for intervenor National Association of Regulatory Utility Commissioners in support of respondent.

Richard P. Bress and James H. Barker were on the brief for intervenor Leap Wireless International, Inc., urging affirmance.

Before: EDWARDS, RANDOLPH and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Currently, a wireless telephone customer who wishes to switch from one wireless service provider to another must also change telephone numbers. In 1996, the Federal Communications Commission ("Commission" or "FCC") promulgated regulations requiring wireless carriers to provide "number portability" — the ability of consumers to keep their phone numbers when...

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