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.
Argued October 5, 2009
Decided December 11, 2009
Opinion by Judge Brown
Maureen K. Flood, Robert B. Nicholson and Kristen C. Limarzi, U.S. Department of Justice, Washington, DC