CELLCO PARTNERSHIP, d/b/a Verizon Wireless, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
Verizon Telephone Companies, et al., Petitioners,
v.
Federal Communications Commission and United States of America, Respondents.
AT&T Corporation and Cingular Wireless LLC, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 15, 2003.
Decided February 13, 2004.
Attorney(s) appearing for the Case
Andrew G. McBride argued the cause in No. 02-1262 for petitioner. With him on the brief were Eve Klindera Reed and John T. Scott III. Lewis A. Tollin entered an appearance.
Richard K. Welch, Counsel, Federal Communications Commission, argued the cause in No. 02-1262 for respondents. On the brief were Robert H. Pate III, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel.
Andrew G. McBride argued the cause in No. 03-1080 for petitioners. With him on the briefs were Eve Klindera Reed, William P. Barr, Michael E. Glover and Edward H. Shakin.
Richard K. Welch, Counsel, Federal Communications Commission, argued the cause in No. 03-1080 for respondents. With him on the brief were Robert H. Pate III, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Laurel R. Bergold, Counsel. Laurence N. Bourne, Counsel, entered an appearance.
Peter H. Jacoby, David W. Carpenter, David L. Lawson and James P. Young were on the brief in No. 03-1080 for intervenor AT&T Corporation. Mark C. Rosenblum entered an appearance.
Before: RANDOLPH, ROGERS and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
Section 11 of the Telecommunications Act of 1996 ("1996 Act") requires the Federal Communications Commission, upon biennial review, to repeal or modify any regulation that is "no longer necessary in the public interest as the result of meaningful economic competition between providers of such service." 47 U.S.C. § 161 (2002). Cellco Partnership d/b/a Verizon Wireless ("Verizon...
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