CELLCO PARTNERSHIP v. F.C.C.

Nos. 11-1135, 11-1136.

700 F.3d 534 (2012)

CELLCO PARTNERSHIP, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Bright House Networks, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 4, 2012.


Attorney(s) appearing for the Case

Helgi C. Walker argued the cause for appellant. With her on the briefs were Thomas R. McCarthy , Brett A. Shumate , Henry Weissmann , Michael E. Glover , and John T. Scott III.   Andrew G. McBride entered an appearance.

Peter Karanjia , Deputy General Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Catherine G. O'Sullivan and Finnuala K. Tessier , Attorneys, U.S. Department of Justice, Austin C. Schlick , General Counsel, Federal Communications Commission, Richard K. Welch , Deputy Associate General Counsel, and Laurence N. Bourne , Counsel.

Richard P. Bress argued the cause for intervenors. With him on the brief were James H. Barker , Matthew A. Brill , Alexander Maltas , Carl W. Northrop , Michael L. Lazarus , Caressa D. Bennet , Michael R. Bennet , Jill Canfield , Daniel L. Brenner , Jessica L. Ellsworth , Peter M. Connolly , and Douglas E. Hart .

Carl W. Northrop , Michael L. Lazarus , Andrew Morentz and Mark A. Stachiw were on the brief for intervenor MetroPCS Communications, Inc. in support of appellee.

Thomas J. Sugrue , Luisa Lancetti , Howard J. Symons , and Russell H. Fox were on the brief for intervenor T-Mobile USA, Inc. in support of appellee.

Harold Feld was on the brief for amici curiae Public Knowledge, et al. in support of appellee.

Opinion for the Court filed by Circuit Judge TATEL.


TATEL, Circuit Judge:

The Federal Communications Commission has long imposed "roaming" requirements on wireless telephone companies. Roaming occurs when wireless subscribers travel outside the range of their own carrier's network and use another carrier's network infrastructure to make a call. Until the issuance of the rule challenged in this case, mobile carriers' obligation to permit roaming extended only to voice-telephone services. Recognizing the growing importance...

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