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NETWORKIP, LLC v. F.C.C.

Nos. 06-1364, 07-1092.

548 F.3d 116 (2008)

NETWORKIP, LLC and Network Enhanced Telecom, LLP, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States Of America, Respondents APCC Services, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 2008.

Attorney(s) appearing for the Case

Michael H. Pryor argued the cause for petitioner. With him on the briefs was Kemal Hawa.

Nandan M. Joshi, Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Thomas O. Barnett, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, Acting General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Richard K. Welch, Acting Deputy Associate General Counsel, and James M. Carr, Counsel. Daniel M. Armstrong, Associate General Counsel, and Joel Marcus, Counsel, entered appearances.

Albert H. Kramer, Robert F. Aldrich, and Allan C. Hubbard were on the brief for intervenor APCC Services, Inc. in support of the respondents. Ira R. Mitzner entered an appearance.

Michael E. Glover, Karen Zacharia, and Aaron M. Panner were on the brief for amicus curiae Verizon in support of neither party. Joshua E. Swift entered an appearance.

Concurring opinion filed by Chief Judge SENTELLE.

BROWN, Circuit Judge:

Petitioners NetworkIP, LLC, and Network Enhanced Telecom, LLP, (collectively "NET") seek review of a pair of final orders of the Federal Communications Commission ("FCC")—one finding liability, APCC Servs. Inc., 21 F.C.C.R. 10488 (2006) (Order on Review) ("Liability Order"), and the other imposing damages, APCC Servs., Inc., 22 F.C.C.R. 4286 (2007) (Memorandum Opinion and Order) ("Damages Order"). Because the...

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