RADIOFONE, INC., et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
National Association of Business & Educational Radio, Inc., Intervenor.
RADIOFONE, INC., et al., Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
National Association of Business & Educational Radio, Inc., Intervenor.
TELOCATOR NETWORK OF AMERICA, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
National Association of Business & Educational Radio, Inc., Data Com Inc., Intervenors.
TELOCATOR NETWORK OF AMERICA, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
National Association of Business & Educational Radio, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 9, 1984.
Decided April 19, 1985.
Attorney(s) appearing for the Case
Kenneth E. Hardman, Washington, D.C., with whom Phillis E. Hartsock was on brief, for Telocator Network of America, petitioner in No. 83-1806 and appellant in No. 83-1807.
Ashton Hardy, New Orleans, La., with whom Arthur Blooston and James J. Popham, Washington, D.C., were on brief, for Radiofone, Inc., et al., petitioners in No. 83-1773 and appellants in No. 83-1774.
Roberta L. Cook, Counsel, F.C.C., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Bruce E. Fein, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel and John E. Ingle, Counsel, Washington, D.C., were on brief, for F.C.C., respondent in Nos. 83-1773 and 83-1806 and appellee in Nos. 83-1774 and 83-1807.
Robert B. Nicholson and Frederic Freilicher, Attys., Dept. of Justice, Washington, D.C., were on brief, for U.S., respondent in Nos. 83-1773 and 83-1806.
David E. Weisman, Washington, D.C. with whom Rosalind Kurz Allen, Washington, D.C., was on brief, for Nat. Ass'n of Business & Educational Radio, Inc., intervenors in Nos. 83-1773, 83-1774, 83-1806 and 83-1807.
Robert W. Healy, Washington, D.C., was on brief, for Data Com Inc. intervenor in No. 83-1806.
Before WRIGHT, EDWARDS and SCALIA, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SCALIA.
Statement filed by Circuit Judge J. SKELLY WRIGHT.
Concurring opinion filed by Circuit Judge HARRY T. EDWARDS.
SCALIA, Circuit Judge.
The Federal Communications Commission (FCC) issued a Declaratory Ruling holding that Auto Page, Inc., a company offering radio paging service in Louisiana, was a private land mobile radio operator and not a common carrier. Several of Auto Page's competitors...
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