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CTIA—WIRELESS ASSOCIATION v. FEDERAL COMMUNICATIONS COMMISSION

No. 05-1008.

466 F.3d 105 (2006)

CTIA—THE WIRELESS ASSOCIATION, PETITIONER, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 2006.

Attorney(s) appearing for the Case

Donald B. Verrilli, Jr. argued the cause for petitioner. With him on the briefs were Ian H. Gershengorn and Michael F. Altschul.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were James C. Kilbourne and Todd S. Kim, Attorneys, U.S. Department of Justice, and Samuel L. Feder, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Richard K. Welch, Counsel, Federal Communications Commission. Robert B. Nicholson and Robert J. Wiggers, Attorneys, U.S. Department of Justice, entered appearances.

Before: TATEL, GARLAND and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

CTIA—The Wireless Association ("CTIA") challenges an order of the Federal Communications Commission (1) determining that the construction of wireless communications towers is an "undertaking" subject to section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f, and (2) deferring to a determination by the Advisory Council on Historic Preservation (the ...

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