AT & T SERVICES v. FEDERAL COMMUNICATIONS COMM'N

No. 20-1190 Consolidated with 20-1216, 20-1272, 20-1274, 20-1281, 20-1284.

21 F.4th 841 (2021)

AT & T SERVICES, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Apple Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 2021.


Attorney(s) appearing for the Case

Jonathan E. Nuechterlein argued the causes for petitioners Joint Issues. Mark Reddish argued the causes for petitioner APCO. With them on the joint briefs were Jeffrey S. Cohen , C. Frederick Beckner III , Rick Kaplan , Jerianne Timmerman , Craig A. Gilley , Mitchell Y. Mirviss , Elizabeth C. Rinehart , and Russell P. Hanser.   Michele Farquhar , Brett Kilbourne , Jay Morrison , Brian W. Murray , Delia D. Patterson , Christopher T. Shenk , and Ian D. Volner entered appearances.

Trey Hanbury and Jessica L. Ellsworth were on the brief for amicus curiae Southern Company Services, Inc. in support of petitioners.

James M. Carr , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Daniel E. Haar and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Jacob M. Lewis , Associate General Counsel, Federal Communications Commission, and Thaila K. Sundaresan , Counsel. Richard K. Welch , Deputy Associate General Counsel, and Adam Crews , Counsel, entered appearances.

Christopher J. Wright argued the cause for intervenors. With him on the joint brief were David Paul Murray , Russell H. Fox , Robert G. Kidwell , Paul J. Caritj , and Jason Neal in support of respondents. Rick C. Chessen and Neal M. Goldberg entered appearances.

Matthew A. Brill and Matthew T. Murchison were on the brief for amicus curiae Cable Television Laboratories, Inc. in support of respondents.

Andrew Jay Schwartzman and Harold Feld were on the brief for amici curiae Public Knowledge, et al. in support of respondents.

Before: Tatel, Millett, and Walker, Circuit Judges.


By order dated April 24, 2020, the Federal Communications Commission opened the 6 gigahertz (GHz) band of radiofrequency spectrum to unlicensed devices— routers and the devices they connect to, such as smartphones, laptops, and tablets. In doing so, the Commission required that such unlicensed devices be designed and...

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