Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Rural Cellular Ass'n., Inc. v. FCC, No. 08-1284

By FindLaw Staff on December 11, 2009 3:18 PM

In a petition by wireless telephone service providers serving primarily small and rural markets for review of the Federal Communications Commission's (FCC) decision to impose an interim cap on subsidy payments, the petition is denied where: 1) petitioners could not allege any actual injury fairly traceable to either adjudicatory order; 2) the FCC complied with each of the Administrative Procedure Act's rulemaking requirements; and 3) that the Commission, in the face of evidence showing providers were receiving subsidies in excess of what was needed to allow them to remain in the market, chose to consider its interest in avoiding excessive funding from consumers was entirely reasonable.

Read Rural Cellular Ass'n., Inc. v. FCC, No. 08-1284

Appellate Information

Argued October 5, 2009

Decided December 11, 2009

Judges

Opinion by Judge Brown

Counsel

For Petitioners:

David A. LaFuria, Russell D. Lukas and David L. Nace, Lukas Nace Gutierrez & Sachs, LLP, Washington, DC

For Respondent:

Maureen K. Flood, Robert B. Nicholson and Kristen C. Limarzi, U.S. Department of Justice, Washington, DC

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard