SBC COMMUNICATIONS INC. v. F.C.C.

No. 03-1118.

373 F.3d 140 (2004)

SBC COMMUNICATIONS INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. CoreComm Communications, Inc. and Z-Tel Communications, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 6, 2004.


Attorney(s) appearing for the Case

Michael K. Kellogg argued the cause for petitioner. With him on the briefs were Colin S. Stretch, James D. Ellis, and Gary L. Phillips.

Richard K. Welch, Counsel, Federal Communications Commission, argued the cause 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 Steven J. Mintz, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle, Deputy Associate General Counsel, and Rodger D. Citron and Suzanne M. Tetreault, Counsel. Nancy C. Garrison, Attorney, U.S. Department of Justice, entered an appearance.

Glenn B. Manishin argued the cause for intervenors. With him on the brief was Stephanie A. Joyce.

Before: SENTELLE, ROGERS and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

SBC Communications, Inc. ("SBC") brings this petition for review challenging a $6 million forfeiture levied against it by the Federal Communications Commission ("FCC"). The FCC issued the fine because, it claims, SBC flagrantly violated the terms of an FCC-approved merger agreement to which SBC is a party. SBC's primary complaint is that the forfeiture order violates the Fifth...

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