MOBILFONE OF NORTHEASTERN PA., INC. v. F. C. C.

No. 81-2399.

682 F.2d 269 (1982)

MOBILFONE OF NORTHEASTERN PENNSYLVANIA, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Commonwealth Telephone Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 25, 1982.


Attorney(s) appearing for the Case

William J. Franklin, Washington, D. C., with whom Russell D. Lukas, Washington, D. C., was on brief, for appellant.

John P. Greenspan, Counsel, F.C.C., Washington, D. C., with whom Stephen A. Sharp, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Michael Deuel Sullivan, Counsel, F.C.C., Washington, D. C., were on brief, for appellee.

Thomas J. O'Reilly, Washington, D. C., for intervenor.

Before WRIGHT and MIKVA, Circuit Judges, and WILLIAM J. JAMESON, Senior District Judge for the District of Montana.


Opinion PER CURIAM.

PER CURIAM:

Mobilfone of Northeastern Pennsylvania, Inc. (Mobilfone) appeals from an order of the Federal Communications Commission (FCC) granting a permit for the construction of a new transmitter to intervenor Commonwealth Telephone Co. (Commonwealth). Mobilfone contends that the FCC erred in failing to designate for an evidentiary hearing Mobilfone's petition to deny Commonwealth's application. We affirm on the basis of two of the three...

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