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STAR WIRELESS, LLC v. F.C.C.

No. 07-1190.

522 F.3d 469 (2008)

STAR WIRELESS, LLC, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 2008.

Attorney(s) appearing for the Case

John F. Cooney argued the cause for petitioner. With him on the brief were Emilio W. Cividanes and Ronald M. Jacobs.

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

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Star Wireless, LLC ("Star"), challenges the imposition of a monetary forfeiture for violating the Federal Communications Commission's "anti-collusion rule," 47 C.F.R. § 1.2105(c). The principal issue is whether the Commission's interpretation of its rule was not "ascertainably certain" when the relevant interactions between Star and Northeast Communications of Wisconsin ("Northeast") occurred....

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