COUNCIL TREE INVESTORS, INC. v. F.C.C.

No. 12-9543.

739 F.3d 544 (2014)

COUNCIL TREE INVESTORS, INC. and Bethel Native Corporation, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and The United States of America, Respondents. Cellco Partnership, d/b/a Verizon Wireless, Intervenor. Asian American Justice Center, a member of the Asian American Center for Advancing Justice; Steven R. Bradley; Media Alliance; National Association of Multicultural Digital Entrepreneurs; National Hispanic Media Coalition; Public Knowledge; Rainbow Push Coalition; Gilbert H. Scott, Sr.; Women's Institute for Freedom of the Press; Arizona Hispanic Newswire LLC; Business Intelligence Solutions, LLC; Brian O'Reilly; Dempster Group, LLC; Kinex Networking Solutions, Inc.; National Association for the Advancement of Colored People; National Indian Telecommunications Institute; National Organization for Women Foundation; Office of Communication of the United Church of Christ, Inc.; CTIA-The Wireless Association; The Telecommunications Industry Association; Mobile Future, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

January 3, 2014.


Attorney(s) appearing for the Case

Dennis P. Corbett ( S. Jenell Trigg with him on the briefs), Lerman Senter PLLC, Washington, D.C., for Petitioners.

Richard Welch , ( Sean A. Lev , Peter Karanjia , Jacob M. Lewis , and Laurence N. Bourne , Federal Communications Commission, Office of General Counsel; and Joseph F. Wayland , Robert B. Nicholson , and Robert J. Wiggers , United States Department of Justice, Antitrust Division, Appellate Section, with him on the brief), Federal Communications Commission, Office of General Counsel, for Respondents.

Thomas R. McCarthy ( Andrew G. McBride , Brett A. Shumate , Wiley Rein LLP, Washington, D.C.; Michael E. Glover , Verizon Communications, Inc., Arlington, VA; and John T. Scott , III, and Catherine M. Hilke , Verizon Communications, Inc., Washington, D.C., with him on the brief), Wiley Rein LLP, Washington, D.C., for Intervenor.

Jeneba Jalloh Ghatt , The Ghatt Law Group LLC, College Park, Maryland, filed an amicus curiae brief for Arizona Hispanic Newswire LLC, Business Intelligence Solutions, LLC, Brian O'Reilly , Dempster Group, LLC, Gilbert H. Scott, Sr. , Kinex Networking Solutions, Inc., Steven R. Bradley , Asian American Justice Center, Media Alliance, National Association for the Advancement of Colored People, National Association of Multicultural Digital Entrepreneurs, National Hispanic Media Coalition, National Indian Telecommunications Institute, National Organization for Women Foundation, Office of Communication of the United Church of Christ, Inc., Public Knowledge, Rainbow PUSH Coalition, and Women's Institute for Freedom of the Press, in support of Petitioners.

Michael Altschul , Senior Vice President and General Counsel, CTIA-The Wireless Association, Washington, D.C., David H. Solomon , Bryan N. Tramont , and Russell P. Hanser , Wilkinson Barker Knauer, LLP, Washington, D.C., and Danielle Coffey , Vice President Government Affairs, Telecommunications Industry Association, Washington, D.C., filed an amicus brief for CTIA-The Wireless Association, The Telecommunications Industry Association, and Mobile Future, in support of Respondents.

Before KELLY, McKAY, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

Petitioners Council Tree Investors, Inc., a communications investment firm, and Bethel Native Corporation, a small wireless carrier based in Alaska (collectively, "Council Tree"), seek our review of two orders issued by the Federal Communications Commission ("FCC" or "the Commission")—the D Block Waiver Order (the "Waiver Order") issued in 2007 and the Waiver Reconsideration Order issued in 2012. In so doing, Council Tree specifically...

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