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CELLULAR MOBILE SYSTEMS OF PENNSYLVANIA v. F.C.C.

No. 84-1131.

782 F.2d 182 (1985)

CELLULAR MOBILE SYSTEMS OF PENNSYLVANIA, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, MCI Cellular Telephone Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 1985.

Attorney(s) appearing for the Case

Edward P. Taptich, with whom Lawrence J. Movshin, Charles C. Hunter, George L. Lyon, Jr., and Laura C. Mow, Washington, D.C., were on the brief, for appellant. Silvia L. Gonzalez, Washington, D.C., also entered an appearance for appellant.

Sue Ann Preskill, Counsel, F.C.C., Washington, D.C., for appellee. Jack D. Smith, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and Michael Deuel Sullivan, Counsel, F.C.C., Washington, D.C., were on the brief, for appellee. Roberta Cook, Counsel, F.C.C., Washington, D.C., also entered an appearance for appellee.

John M. Pelkey, with whom James E. Dunstan, Richard B. Severy, and Ruth Baker-Battist, Washington, D.C., were on the brief, for intervenor.

Before WALD, EDWARDS and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

Cellular telephone service continues its slow march from the regulatory arena to the marketplace. On March 6, 1984, thirty-five years after the Federal Communications Commission first allocated a small band of the radio spectrum for the development of common carrier mobile radio communications and over one year after the grant of licenses to wireline carriers, the first nonwireline cellular...

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