FLAT WIRELESS, LLC v. FEDERAL COMMUNICATIONS COM'N

No. 18-1271 Consolidated with 18-1273.

944 F.3d 927 (2019)

FLAT WIRELESS, LLC, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Cellco Partnership, Doing Business as Verizon Wireless, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 10, 2019.


Attorney(s) appearing for the Case

Donald J. Evans , Valparaiso, IN, argued the cause for petitioners. With him on the briefs was Keenan P. Adamchak , McLean, VA.

Ashley S. Boizelle , Deputy General Counsel, Federal Communications Commission, argued the cause for respondents. On the brief were Robert B. Nicholson and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Thomas M. Johnson Jr. , General Counsel, David M. Gossett , Deputy General Counsel, Richard K. Welch , Assistant General Counsel, and C. Grey Pash Jr. , Counsel. Jacob M. Lewis , Associate General Counsel, Federal Communications Commission, and Matthew J. Dunne , Counsel, entered appearances.

David L. Haga , Arlington, VA, argued the cause for intervenor-appellee. With him on the brief was Christopher M. Miller , Washington, DC.

Before: Tatel and Griffith, Circuit Judges, and Silberman, Senior Circuit Judge.


Wireless service providers Flat Wireless and NTCH, Inc. (apparently its full name) challenge the FCC's order approving rates that Verizon offered to Flat for both voice and data roaming. They insist that Flat should not pay Verizon much above Verizon's costs of providing those services...

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