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SPRINT NEXTEL CORP. v. F.C.C.

Nos. 07-1416, 07-1458.

524 F.3d 253 (2008)

SPRINT NEXTEL CORPORATION, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 2, 2008.

Attorney(s) appearing for the Case

Christopher J. Wright argued the cause for appellant. With him on the briefs were Timothy J. Simeone, Stephanie Weiner, Leonard J. Kennedy, General Counsel, and Robert S. Foosaner, Senior Vice President, Government Affairs, Sprint Nextel Corporation.

Charles W. Logan, Jr. was on the brief for amicus curiae Fraternal Order of Police in support of appellant.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Thomas O. Barnett, Assistant Attorney General, Robert B. Nicholson and James J. Fredricks, Attorneys, U.S. Department of Justice, Matthew B. Berry, Acting General Counsel, Joseph R. Palmore, Deputy General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission.

Robert M. Gurss was on the brief for amicus curiae Association of Public-Safety Communications Officials-International in support of appellee.

Opinion for the court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

Mobile communications devices are now an integral part of the daily activities of consumers, businesses, and public safety agencies alike. And when such a device is needed—whether to track down an errant teen or request backup while in hot-pursuit of a suspect—we expect it to work. That requires the 800 MHz electromagnetic spectrum, on which many of these devices operate, to be in order...

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