CELLULAR TELECOMMUNICATIONS INDUSTRY ASSOCIATION
AND
CENTER FOR DEMOCRACY AND TECHNOLOGY,
Petitioners,

v.

FEDERAL COMMUNICATIONS COMMISSION
AND
UNITED STATES OF AMERICA,
Respondents.

No. ________

Pursuant to 47 U.S.C. ß 402(a), 28 U.S.C. ßß 2342(1) and 2344, and Federal Rule of Appellate Procedure 15(a), the Cellular Telecommunications Industry Association and the Center for Democracy and Technology hereby petition this Court to review the "Third Report and Order" of the Federal Communications Commission, In the Matter of Communications Assistance for Law Enforcement Act, CC Docket No. 97-213, FCC 99-230 (the "Order"), summarized in the Federal Register on September 24, 1999 at 64 Fed. Reg. 51710-01. A copy of the Order is attached. Venue is proper in this Court pursuant to 28 U.S.C. ß 2343.

Petitioners seek relief from the Order on the grounds that it exceeds the Commission's statutory authority and is arbitrary, capricious, unsupported by substantial evidence, and contrary to law. Petitioners request that this Court vacate the Order and the Final Rules adopted therein, remand the Order to the Commission for further proceedings consistent with the Court's decision, and grant such other relief as may be appropriate.

Respectfully submitted,
Dated: November 22, 1999

Theodore B. Olson
Eugene Scalia
Montgomery N. Kosma
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue NW, Suite 900
Washington, DC 20036-5303
(202) 955-8500

Counsel for Petitioners Cellular Telecommunications Industry Association and Center for Democracy and Technology

Michael Altschul
Cellular Telecommunications Industry Association
1250 Connecticut Avenue NW, Suite 200
Washington, DC 20036
(202) 785-0081

Jerry Berman
James X. Dempsey
Center for Democracy and Technology
1634 Eye Street NW, Suite 1100
Washington, DC 20002
(202) 637-9800

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