· 9/26/2006
CTIA—Wireless Ass'n v. Federal Communications Commission
Citations
- 373 U.S. App. D.C. 259
- 466 F.3d 105
- 39 Communications Reg. (P&F) 603
- 2006 U.S. App. LEXIS 24256
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that agency had reconsidered policy in part because its order reaffirming its interpretation “indisputably offer[ed] two new justifications not found in [prior orders]”
- holding that the plaintiff could assert an argument raised by third parties’ comments to the defendant agency
- holding that the plaintiff could assert an argument raised by third parties' comments to the defendant agency
- concluding that plaintiff’s challenge to an agency order was reviewable under the reopening doctrine because, inter alia, “the NPA Order indisputably offer[ed] two new justifications not found in the 1990 Order or 1995 Order” (emphases omitted)
- finding that, if the court must defer to the agency’s interpretation, it is not arbitrary and capricious for another agency to do so
- reaching the opposite conclusion because, among other things, the final order in question offered “two new justifications” that “constituted the [agency’s] first legal rationales for its action to date”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tatel, Garland, Griffith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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