NASUCA v. FCC, No. 05-11682 (11th Cir. 2006)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 31, 2006.
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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 05-11682 ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 3, , 2006 THOMAS K. KAHN CLERK Agency No. 98-00170 NATIONAL ASSOCIATION OF STATE UTILITY CONSUMER ADVOCATES, Petitioner, NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Intervenor-Petitioner, versus FEDERAL COMMUNICATIONS COMMISSION, Respondent, AT&T CORPORATION, CINGULAR WIRELESS, INC., LEAP WIRELESS INTERNATIONAL, INC., NEXTEL COMMUNICATIONS, INC., SPRINT CORPORATION, T-MOBILE USA, INC., VERIZON, CELLULAR TELECOMMUNICATIONS and INTERNET ASSOCIATION, Intervenors-Respondents. ________________________ Petition for Review of a Decision of the Federal Communications Commission _________________________ (October 3, 2006) ON PETITIONS FOR PANEL REHEARING Before BLACK, PRYOR and COX, Circuit Judges. PER CURIAM: 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. 2
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