Cellnet Communication, Inc. v. Federal Communications Commission

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

This appeal arises out of a Federal Communications Commission order that initiated a rulemaking proceeding, “clarified” an existing rule, and dismissed a petition to expand the proceeding. Petitioners Cellnet Communications, Inc. and National Cellular Resellers Association (“NCRA”) argue that the “clarification” was actually a new rule, and thus that the FCC acted improperly by issuing it without notice and comment. NCRA also argues that the FCC erred by dismissing its petition to expand. We…