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declining to follow American Trucking and stating that a party is aggrieved when it "participated in the agency proceeding" (quoting Alabama Power Co. v. F.C.C., 311 F.3d 1357, 1366 (11th Cir. 2002))
Summary of this case from State of N.M. ex rel. Balderas v. United States Nuclear Regulatory Comm'nOpinion
No. 05-11682.
October 3, 2006.
Matthew J. Hardy, Consumer's Util. Counsel, Clare A. McGuire, Governor's Office of Consumer Affairs, Atlanta, GA, Patrick W. Pearlman, Consumer Advocate Div. of WV Pub. Serv. Com'n, Charleston, WV, for Petitioner.
Laurel Bergold, Laurence N. Bourne, FCC, Robert B. Nicholson, James J. Fredricks, U.S. Dept. of Justice/Antitrust Div., Washington, DC, for Respondent.
Maureen A. Scott, AZ Corp. Com'n, Phoenix, AZ, Stacy J. Canan, Michael Robert Schuster, AARP Foundation Lit., Washington, DC, Seth E. Mermin, Cal. Atty. Gen. Office, San Francisco, CA, for Amici Curiae.
David L. Lawson, Washington, DC, James Bradford Ramsay, Nat'l Assoc, of Reg. Util. Com'rs, L. Andrew Tollin, Wilkinson, Barker Knauer, LLP, James Henry Barker, III, Latham Watkins, Christopher J. Wright, Harris, Wiltshire Grannis, LLP, Helgi C. Walker, Wiley, Rein Fielding, LLP, Sara F. Leibman, Mintz, Levin, Cohn, Ferris, Glovsky Popeo, PC, Washington, DC, Joshua E. Swift, Arlington, VA, William H. Johnson, Verizon, Arlington, VA, for Intervenors.
Petition for Review of a Decision of the Federal Communications Commission (Agency No. 98-00170).
ON PETITIONS FOR PANEL REHEARING
Before BLACK, PRYOR and COX, Circuit Judges.
Upon consideration of the petitions for panel rehearing filed by the Federal Communications Commission and the Intervenors-Respondents, the opinion filed in this case on July 31, 2006, and published at 457 F.3d 1238, is modified in one respect. The final sentence of the opinion is deleted, and in its place the following is inserted:
Because the Communications Act allows the states to regulate line item billing for wireless services, we GRANT the petitions for review filed by the State Consumer Advocates and the State Utility Regulators, VACATE the preemption ruling set forth in the Declaratory Ruling in the Second Report and Order, and REMAND the case to the Commission.
In all other respects, the petitions for panel rehearing are DENIED.