Judges Anthony Joseph Scirica, Thomas L. Ambro and Julio M. Fuentes were present for the case, and commented that normally they would adhere strictly to Federal Rule of Appellate Procedure 18, that the petitioner move first before the agency that would stay its order, but in this case it seemed virtually certain that the FCC would not grant a stay in this matter. The court was composed of two judges, Ambro and Fuentes, appointed by Democratic President Bill Clinton, and one judge, Scirica, appointed by Republican President Ronald Reagan.