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Dennis Corbett Argues Case Before U.S. Court of Appeals for the Third Circuit

Council Tree Communications, Inc., et al. v. FCC and the United States
December 1, 2009
Philadelphia, Pennsylvania

On Tuesday, December 1, 2009, Dennis P. Corbett, a Member of Lerman Senter, argued a case before the U.S. Court of Appeals for the Third Circuit in Philadelphia on behalf of our clients, Petitioners Council Tree Communications, Inc., Bethel Native Corp., and the Minority Media and Telecommunications Council.  He was supported by S. Jenell Trigg, also a Member of the firm. The case involves the FCC's adoption in April 2006, only weeks before the Advanced Wireless Service Auction, of substantial changes to its Designated Entity Rules, which are intended to promote the participation in FCC spectrum auctions of small and minority- and women-owned businesses.  Petitioners argue that as a result of the adoption of these rule changes, which had not been the subject of proper prior notice and informed comment, Designated Entity participation in FCC auctions has suffered dramatically to the detriment of competition and the public interest.  A summary of the case can be found in the Supplemental Brief and Supplemental Reply Brief filed by the Petitioners.