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NATIONAL CABLE & TELECOMS. ASS'N v. F.C.C.

No. 07-1312.

555 F.3d 996 (2009)

NATIONAL CABLE & TELECOMMUNICATIONS ASSOCIATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Qwest Communications International Inc. and Verizon, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 13, 2009.

Attorney(s) appearing for the Case

Matthew A. Brill argued the cause for petitioner. With him on the briefs were J. Scott Ballenger, Melissa B. Arbus, Daniel L. Brenner, Neal M. Goldberg, and Loretta P. Polk.

Helgi C. Walker argued the cause for intervenors. With her on the brief were Andrew G. McBride, Brett A. Shumate, Michael E. Glover, Karen Zacharia, and Robert B. McKenna Jr.

Joel Marcus, 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, Catherine G. O'Sullivan and Nancy C. Garrison, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, and Richard K. Welch, Acting Deputy Associate Counsel.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Whenever someone makes a call on a telephone or a cell phone, that person's telecommunications carrier receives information about who was called, when, and for how long. Carriers also have records about the kinds of services and features their customers purchase. More than twenty years ago, the Federal Communications Commission required carriers to maintain the confidentiality of such information if their customers so requested. In re Furnishing...

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