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NATIONAL TELEPHONE CO-OP. ASS'N v. F.C.C.

No. 08-1071.

563 F.3d 536 (2009)

NATIONAL TELEPHONE COOPERATIVE ASSOCIATION, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Qwest Communications Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 2009.

Attorney(s) appearing for the Case

L. Marie Guillory argued the cause for petitioner. With her on the briefs were Daniel Mitchell, Jill Canfield, and Karlen J. Reed.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondent. 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 General Counsel.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

The Regulatory Flexibility Act requires an agency issuing a final rule to publish an analysis of the rule's impact on small businesses.1

In 2005, we stayed and remanded a Federal Communications Commission order because the agency had failed to publish the required analysis. U.S. Telecom Ass'n v. FCC, 400 F.3d 29, 42-43...

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