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SBC INC. v. FEDERAL COMMUNICATIONS COM'N

No. 03-4311.

414 F.3d 486 (2005)

SBC INC., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.

United States Court of Appeals, Third Circuit.

Decided July 14, 2005.

Attorney(s) appearing for the Case

James D. Ellis, Paul K. Mancini, SBC Communications, Inc., San Antonio, Texas, Gary L. Phillips, James P. Lamoureux, SBC Communications, Inc., Washington, D.C., Michael K. Kellogg, Colin S. Stretch (Argued), Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, D.C., for Petitioner.

R. Hewitt Pate, Assistant Attorney General, Makam Delrahim, Deputy Assistant Attorney General, Robert B. Nicholson, Robert B. Wiggers, Attorneys, United States Department of Justice, Washington, D.C., John A. Rogovin, General Counsel, Richard K. Welch, Daniel M. Armstrong (Argued), Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, Rodger D. Citron, Counsel, Federal Communications Commission, Washington, D.C., for Respondent.

Before: MCKEE and CHERTOFF, Circuit Judges, and BUCKWALTER, Senior District Judge.

OPINION

MCKEE, Circuit Judge.

SBC Communications, Inc., petitions for review of an order of the Federal Communications Commission captioned, Cost-Bases Terminating Compensation for CMRS Providers, 18 FCC Rcd 18441, 2003 WL 22047787, released on September 3, 2003 (the "Order Under Review"). SBC contends that the Order Under Review violated the Administrative Procedure Act by improperly revising an FCC rule without first affording notice...

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