NUVIO CORPORATION, Petitioner
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents
Verizon Telephone Companies and AT & T Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 12, 2006.
Decided December 15, 2006.
As Amended January 4, 2007.
Attorney(s) appearing for the Case
Russell M. Blau argued the cause for petitioners. With him on the briefs were Richard M. Rindler and Joshua M. Bobeck.
James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, Douglas N. Letter, Appellant Litigation Counsel, Scott R. McIntosh, Special Counsel, Samuel L. Feder, General Counsel, Federal Communications Commission, and Jacob M. Lewis and Daniel M. Armstrong, Associate General Counsel. John E. Ingle, Deputy Associate General Counsel, and Nandan M. Joshi, Counsel, entered appearances.
Michael E. Glover, Karen Zacharia, Leslie V. Owsley, Joseph R. Guerra, David L. Lawson, and Gary L. Phillips were on the brief for intervenors AT & T Corporation and Verizon Telephone Companies. David W. Carpenter entered an appearance.
Before: GINSBURG, Chief Judge, and GRIFFITH and KAVANAUGH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge GRIFFITH in which Chief Judge GINSBURG joins and Circuit Judge KAVANAUGH joins with the exception of footnote five.
Concurring opinion filed by Circuit Judge KAVANAUGH.
GRIFFITH, Circuit Judge.
Petitioners, providers of the newly-emerging technology of Internet telephone service, challenge an order of the Federal Communications Commission ("Commission" or "FCC"...
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