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BIGGERSTAFF v. F.C.C.

No. 06-1191.

511 F.3d 178 (2007)

Robert BIGGERSTAFF, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2007.

Attorney(s) appearing for the Case

Christopher A. LaVoy argued the cause for petitioner Robert Biggerstaff. With him on the briefs were Edward Moomjian, II and Roy A. Katriel.

Douglas M. McKenna argued the cause and filed the briefs pro se.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Assistant Attorney General, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Samuel L. Feder, General Counsel, Federal Communications Commission, and Jacob M. Lewis and Daniel M. Armstrong, Associates General Counsel. James J. Fredricks, Attorney, U.S. Department of Justice, and John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, entered appearances.

Before: GINSBURG, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

Robert Biggerstaff and Douglas McKenna filed petitions for review of a final rule of the Federal Communications Commission implementing the Junk Fax Prevention Act of 2005 ("JFPA"), Pub.L. No. 109-21, 119 Stat. 359 (codified at 47 U.S.C. § 227), by adopting an exemption to the prohibition against unsolicited telephone facsimile advertisements for entities with whom the recipient has...

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