SORENSON COMMUNICATIONS INC. v. F.C.C.

Nos. 13-1122, 13-1246.

755 F.3d 702 (2014)

SORENSON COMMUNICATIONS INC. and CaptionCall, LLC, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2014.


Attorney(s) appearing for the Case

Christopher J. Wright argued the cause for petitioners. With him on the brief were John T. Nakahata and Timothy J. Simeone.

Mark D. Schneider was on the brief for amici curiae Hearing Loss Association of America, et al. in support of petitioners.

C. Grey Pash Jr. , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Jonathan B. Sallet , Acting General Counsel, and Jacob M. Lewis , Associate General Counsel. Robert B. Nicholson , Attorney, U.S. Department of Justice, Finnuala K. Tessier , Trial Attorney, and Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, entered appearances.

Opinion for the Court filed by Circuit Judge BROWN.


BROWN, Circuit Judge.

The word "captioning" typically conjures up an image of a television set with black bars scrolling at the bottom, transcribing a speaker's words with varying degrees of accuracy. For hearing-impaired individuals, however, it may also evoke the image of something else: telephones that have words scrolling on a screen during a call.

Sorenson Communications is a purveyor of these devices; its technology uses the Internet to transmit and...

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