AT&T Inc v. FCC

Filing 57

ECF FILER: Response filed by Respondent FCC to Rule 28(j) letter. Certificate of Service dated 06/03/2009. This document will be SENT TO THE MERITS PANEL, if/when applicable. (MAK)

AT&T Inc v. FCC

Doc. 57

FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 June 3, 2009
OFFICE OF GENERAL COUNSEL MICHAEL A. KRASNOW [phone]; FAX [phone] INTERNET -- [e-mail]

VIA ECF Marcia M. Waldron, Clerk United States Court of Appeals for the Third Circuit 21400 U.S. Courthouse 601 Market Street Philadelphia, PA 19106-1790 Re: AT&T Inc. v. FCC, No. 08-4024 (oral argument held on March 13, 2009) Dear Ms. Waldron: This responds to AT&T's May 29, 2009 letter bringing to the Court's attention under Federal Rule of Appellate Procedure 28(j) the D.C. Circuit's decision in National Cable & Telecommunications Association v. FCC, No. 08-1016 (D.C. Cir. May 26 2009) ("NCTA"). AT&T asserts that the court's decision in NCTA supports AT&T's position in this case that "even assuming various references to individual privacy in the legislative history reflect Congress' primary focus in enacting Exemption 7(C), that does not limit the scope of the exemption, the text of which on its face encompasses corporations." NCTA is irrelevant here because the FCC's principal arguments are not based on legislative history. Rather, we argued (FCC Br. at 30) that "[g]iven the text and structure of FOIA and the consistent judicial interpretation of it, there is no need to resort to legislative history in this case." The statutory text and structure of the FOIA and Exemption 7(C), along with judicial precedent interpreting that provision, make clear that the exemption is intended to encompass only individual and not corporate privacy interests. FCC Br. at 14-30. In this case, the legislative history ­ which uniformly demonstrates that Congress intended the phrase "personal privacy" in Exemption 7(C) to cover only individuals ­ is merely confirmatory. Id. at 30-34. Respectfully submitted, _____/s/______________________ Michael A. Krasnow Counsel Federal Communications Commission cc: Counsel for all parties

Dockets.Justia.com