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AMERICAN COUNCIL ON EDUC. v. F.C.C.

Nos. 05-1404, 05-1408, 05-1438, 05-1451, 05-1453.

451 F.3d 226 (2006)

AMERICAN COUNCIL ON EDUCATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Verizon Telephone Companies and Cellco Partnership, d/b/a Verizon Wireless, d/b/a Verizon Wireless, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 2006.

Attorney(s) appearing for the Case

Matthew A. Brill argued the cause for petitioners. With him on the briefs were Maureen E. Mahoney, Richard P. Bress, Barry J. Blonien, James Xavier Dempsey, John B. Morris, Jr., Albert Gidari, Gerard J. Waldron, Andrew J. Schwartzman, Harold J. Feld, Jason Oxman, and Marc Rotenberg. John M. Devaney entered an appearance.

Jacob M. Lewis, Attorney, Federal Communications Commission, argued the cause for respondent. With him on the brief were Samuel L. Feder, General Counsel, John E. Ingle, Deputy Associate General Counsel, and Joseph R. Palmore, Counsel.

Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Douglas N. Letter, Litigation Counsel, and Scott R. McIntosh, Attorney, were on the brief for respondent United States.

Michael E. Glover, Karen Zacharia, Joshua E. Swift, John Scott, Samir C. Jain, and Meredith B. Halama were on the brief for intervenors Verizon and Verizon Wireless in support of respondents.

Before: SENTELLE and BROWN, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SENTELLE.

Dissenting opinion by Senior Circuit Judge EDWARDS.

SENTELLE, Circuit Judge.

In 2004, several law-enforcement agencies petitioned the Federal Communications Commission ("FCC" or "the Commission") to clarify the scope of the Communications Assistance for Law Enforcement Act, 47 U.S.C. §§ 1001-1010 ("CALEA" or "the Act"), with respect to certain broadband Internet services. In response...

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