CTIA-THE WIRELESS ASSOCIATION, Petitioner
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
T-Mobile USA, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 8, 2008.
Decided July 8, 2008.
Attorney(s) appearing for the Case
Helgi C. Walker argued the cause for petitioners CTIA-The Wireless Association and Sprint Nextel Corporation. With her on the briefs were Thomas M. Messner and Christopher J. Wright.
Matthew A. Brill argued the cause for petitioner USA Mobility, Inc. With him on the briefs were Barry J. Blonien and Erica R. Goldberg.
Michael T. Fitch, Lynn R. Charytan, Samir C. Jain, Craig E. Gilmore, Travis E. Litman, Carl W. Northrop, Thomas J. Sugrue, Sara Leibman, T. Scott Thompson, and Christopher A. Fedeli were on the brief for intervenors in support of petitioners.
Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the briefs were Thomas O. Barnett, Assistant Attorney General, Robert B. Nicholson and James J. Fredricks, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, and Richard K. Welch, Acting Deputy Associate General Counsel.
Concurring opinion filed by Circuit Judge ROGERS.
United States Court of Appeals, District of Columbia Circuit.
RANDOLPH, Circuit Judge:
Hurricane Katrina exposed several weaknesses in the Gulf Coast's communications infrastructure, among which was the loss of power for critical communications networks. To address this problem, the Federal Communications Commission promulgated a rule requiring commercial mobile radio service (CMRS) providers1 to maintain a minimum amount of emergency backup power for "all...
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