Attorney(s) appearing for the Case
Eric B. Langley argued the cause for petitioners. With him on the briefs were J. Russ Campbell , Jason B. Tompkins , and Sean B. Cunningham .
John B. Richards and Thomas B. Magee were on the brief for intervenors Consumers Energy Company, et al. in support of petitioners.
Edward H. Comer , Aryeh B. Fishman , Shirley S. Fujimoto , Jeffrey L. Sheldon , and Kevin M. Cookler were on the brief for amicus curiae Edison Electric Institute in support of petitioners.
C. Grey Pash Jr. , Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Robert B. Nicholson and Kristen C. Limarzi , Attorneys, U.S. Department of Justice, and Austin C. Schlick , General Counsel, Federal Communications Commission, Peter Karanjia , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel. Laurel R. Bergold , Attorney, Federal Communications Commission, entered an appearance.
Helgi C. Walker argued the cause for intervenors United States Telecom Association, et al. With her on the brief were Bennett L. Ross , Brendan T. Carr , John E. Benedict , William A. Brown , Gary L. Phillips , Michael E. Glover , Edward Shakin , and Katharine R. Saunders .
Jonathan E. Nuechterlein argued the cause for intervenors Comcast Corporation, et al. With him on the brief were Kelly P. Dunbar , Rick Chessen , Neal M. Goldberg , Lynn R. Charytan , T. Scott Thompson , Michael T.N. Fitch , Craig Gilmore , Alan G. Fishel , Jeffrey E. Rummel , Adam D. Bowser , David P. Murray , Thomas Jones , Gardner Gillespie , Wesley R. Heppler, Paul Glist , Daniel L. Brenner , Michael F. Altschul , Brian M. Josef , Jonathan D. Hacker , Loren L. AliKhan , and John D. Seiver. Christopher A. Fedeli , Paul A. Werner III , Christopher M. Heimann , and Heather M. Zachary entered appearances.
Before: TATEL, Circuit Judge, and WILLIAMS and SENTELLE, Senior Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
WILLIAMS, Senior Circuit Judge:
Section 224 of the Communications Act of 1934, 47 U.S.C. § 224, provides a variety of advantages to certain types of firms seeking to attach their wires, cable, or other network equipment to utility poles. The Federal Communications Commission, which is charged with applying § 224, in 2011 made three revisions to its interpretation of the statute. In the Matter of Implementation of Section 224 of the Act, Report and...
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