DC Circuit -- Cellco Partnership v. FCC

Chevron deference applies even to questions of scope of agency's power.

Specific Title III grant of power to prescribe wireless plans allowed agency rulemaking requiring fair roaming charges.

Rule was not undue intrusion, didn't cancel third party contracts, and wasn't an undue modification of existing licenses.

On facial challenge, the rulemaking is not an exercise of common carrier regulation, as it is sufficiently discriminating.

No taking or regulatory taking, as compensated.

Not arbitrary/capricious.


Cellco Partnership v. FCC