MCI CELLULAR TELEPHONE COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Bell Atlantic Mobile Systems of Pittsburgh, Inc., Gencom, Inc., ARTS/Post D.C. Cellular Systems & ARTS/Post Maryland Cellular Systems, GTE Mobilnet, Inc., Intervenors.
GENCOM, INC., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
New Vector Communications, Inc., GET Mobilnet, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 24, 1984.
Decided June 29, 1984.
Attorney(s) appearing for the Case
John M. Pelkey, Washington, D.C., with whom Michael H. Bader, Kenneth A. Cox and Richard B. Severy, Washington, D.C., were on the brief for appellant, MCI Cellular Tel. Co. in No. 83-1408. Ruth Baker-Battist, Washington, D.C., also entered an appearance for MCI Cellular Tel. Co.
Jack N. Goodman, Washington, D.C., with whom W. Theodore Pierson, Jr., Robert Trager and Jack R. Smith, Washington, D.C., were on the brief for Gencom, Inc., appellant in No. 83-1720 and intervenor in No. 83-1408.
Michael Deuel Sullivan, Counsel, F.C.C., Washington, D.C., with whom Bruce E. Fein, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F.C.C. Washington, D.C., were on the brief, for appellee in Nos. 83-1408 and 83-1720.
David W. Carpenter, Chicago, Ill., with whom Alan C. Geolot, Washington, D.C., was on the brief for intervenors, Bell Atlantic Mobile Systems of Pittsburgh, Inc. and NewVector Communications, Inc. in Nos. 83-1408 and 83-1720. Benjamin W. Heineman, Jr., Washington, D.C., and Robert A. Geilich, New York City, also entered appearances for Bell Atlantic Mobile Systems of Pittsburgh, Inc. and NewVector Communications, Inc.
James R. Hobson, Washington, D.C., was on the brief for intervenor, GTE Mobilnet, Inc., in Nos. 83-1408 and 83-1720. Gail L. Polivy, Washington, D.C., also entered an appearance for GTE Mobilnet, Inc.
Jeremiah Courtney, Jack R. Smith and Robert H. Schwaninger, Washington, D.C., were on the brief for intervenor, ARTS/Post D.C. Cellular Systems, et al. in No. 83-1408.
Before WILKEY, STARR and DAVIS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STARR.
STARR, Circuit Judge:
This case ushers the court once again into the burgeoning field of cellular telephone service. As we will see in greater detail below, two types of communications common carriers can provide such services: wireline carriers, namely, local telephone companies and their affiliates, and non-wireline carriers, consisting of virtually everyone else in the industry such as the petitioners...
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