United States Court of Appeals For The District of Columbia Circuit

No. 00-1100 September Term, 2001

Filed On: May 2, 2002 [675199] Greg Ruggiero, Petitioner

v.

Federal Communications Commission and United States of America, Respondents

BEFORE: Ginsburg, Chief Judge; Edwards, Sentelle, Henderson, Randolph, Rogers, Tatel and Garland, Circuit Judges

O R D E R

Upon consideration of the respondents' petition for rehearing en banc, the response thereto, and the vote by a majority of the judges of the court in regular, active service in favor of the petition, it is

ORDERED that the petition be granted. This case will be reheard by the court sitting en banc. The judgment filed on February 8, 2002, is hereby vacated. It is

FURTHER ORDERED that an order governing further proceedings will issue separately.

Per Curiam

FOR THE COURT: Mark J. Langer, Clerk

BY: Nancy G. Dunn Deputy Clerk