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MOBILE RELAY ASSOCIATES v. F.C.C.

No. 04-1413.

457 F.3d 1 (2006)

MOBILE RELAY ASSOCIATES and Skitronics, L.L.C., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Sprint Nextel Communications, Inc. et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2006.

Attorney(s) appearing for the Case

David J. Kaufman argued the cause for the petitioners.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for the respondents. Thomas O. Barnett, Acting Assistant Attorney General, Robert B. Nicholson and James J. Fredricks, Attorneys, United States Department of Justice, and Samuel L. Feder, General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, were on brief. Laurel R. Bergold, Counsel, Federal Communications Commission, entered an appearance.

Christopher J. Wright argued the cause for intervenors Sprint Nextel Corporation et al. Timothy J. Simeone, Christine M. Gill, and Martin William Bercovici were on brief.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

Mobile communications operators Mobile Relay Associates (MRA) and Skitronics petition for review of two orders of the Federal Communications Commission (FCC or Commission) reconfiguring the electromagnetic spectrum's 800 MHz band. The reconfiguration plan, which the Commission established to eliminate interference with public safety communications, segregates different...

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