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CITY OF ARLINGTON, TEX. v. F.C.C.

No. 10-60039.

668 F.3d 229 (2012)

CITY OF ARLINGTON, TEXAS; City of San Antonio, Texas, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.

United States Court of Appeals, Fifth Circuit.

January 23, 2012.

Attorney(s) appearing for the Case

Joseph Leonard Van Eaton (argued), James Richmond Hobson , Matthew K. Schettenhelm , Best, Best & Krieger, L.L.P., Tillman Lowry Lay , Spiegel & McDiarmid, Washington, DC, DeWayne Larry Williams , Aaron, P.L.C., New Orleans, LA, for Petitioners.

Whitney North Seymour, Jr. , New York City, for EMR Policy Institute, Intervenor.

James Michael Carr , Counsel (argued), Daniel M. Armstrong, III , Associate Gen. Counsel, Federal Communications Com'n, Office of the Gen. Counsel, Washington, DC, for Respondent.

Helgard Clarice Walker , Brendan Thomas Carr , Thomas R. McCarthy , Wiley Rein, L.L.P., Washington, DC, William D. Aaron, Jr. , Maria Brenda Kim Nguyen , Aaron, P.L.C., New Orleans, LA, for Intervenors.

Before DAVIS, PRADO and OWEN, Circuit Judges.

OWEN, Circuit Judge:

The City of Arlington, Texas and the City of San Antonio, Texas seek review of a Declaratory Ruling and subsequent Order on Reconsideration that the Federal Communications Commission (FCC or Commission) issued in response to a petition for a declaratory ruling by a trade association of wireless telephone service providers, CTIA—The Wireless Association (CTIA). In the proceeding before the FCC, CTIA sought clarification of Sections 253 and...

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