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TELOCATOR NETWORK OF AMERICA v. F.C.C.

Nos. 83-2314, 83-2315.

761 F.2d 763 (1985)

TELOCATOR NETWORK OF AMERICA, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Millicom Information Services, Inc., Intervenor, TELOCATOR NETWORK OF AMERICA, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Millicom Information Services, Inc., National Association of Business and Educational Radio, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1985.

Attorney(s) appearing for the Case

Kenneth E. Hardman, Washington, D.C., with whom Phyllis E. Hartsock, was on brief, for appellant in No. 83-2314 and petitioner in No. 83-2315.

Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Bruce E. Fein, Gen. Counsel, Roberta L. Cook, Counsel, F.C.C., Barry Grossman and Andrea Limmer, Attys., Dept. of Justice, Washington, D.C., were on brief for appellee in No. 83-2314 and respondents in No. 83-2315. Jack D. Smith, Washington, D.C., entered an appearance for appellee in No. 83-2314 and respondents in No. 83-2315.

John B. Metelski, with whom Michael R. Gardner and Anne Asbill Attridge, Washington, D.C., were on brief, for intervenor Millicom Information Services, Inc. in Nos. 83-2314 and 83-2315.

David E. Weisman, Washington, D.C., was on brief, for intervenor National Ass'n of Business and Educational Radio, Inc. in No. 83-2315.

Before EDWARDS and BORK, Circuit Judges and OBERDORFER, United States District Judge for the District of Columbia.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge.

This case is another episode in the long-running controversy about the allocation of radio spectrum between common carriers and private land mobile radio services. Telocator Network of America, the national trade association of the radio common carrier industry, seeks review of two orders of the Federal Communications Commission ("FCC"). The first order established the private carrier...

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