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

Nos. 85-1070, 85-1079 and 85-1594.

792 F.2d 239 (1986)

CELLULAR MOBILE SYSTEMS OF PENNSYLVANIA, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Celcom Communications Corporation of Pennsylvania, Automatic Wide-Area Cellular Systems, Inc., Intervenors. CELCOM COMMUNICATIONS CORPORATION OF PENNSYLVANIA, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Cellular Mobile Systems of Pennsylvania, Automatic Wide-Area Cellular Systems, Inc., Intervenors. CELCOM COMMUNICATIONS CORPORATION OF PENNSYLVANIA, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 1986.

As Amended June 30, 1986.

Attorney(s) appearing for the Case

Edward P. Taptich, with whom Charles C. Hunter and Laura C. Mow were on the brief for Cellular Mobile Systems of Pennsylvania in Nos. 85-1070 and 85-1079.

Edgar F. Czarra, Jr. for appellants, Celcom Communications Corp. of Pennsylvania. Jonathan D. Blake, S. William Livingston, Jr., and Alan A. Pemberton were on the brief for Celcom Communications Corp. of Pennsylvania in Nos. 85-1070, 85-1079 and 85-1594.

Roberta L. Cook, Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel and David M. Armstrong, Associate Gen. Counsel, F.C.C. were on the brief for appellee in 85-1070, 85-1079 and 85-1594.

Lawrence M. Miller for intervenor Automatic Wide-Area Cellular Systems, Inc. in 85-1070 and 85-1079.

Michael L. Volkov, Stephen A. Weiswasser and Thomas J. Dougherty also entered appearances for intervenor, Automatic Wide-Area Cellular Systems, Inc. in 85-1070 and 85-1079.

Before MIKVA, EDWARDS and SCALIA, Circuit Judges.

Opinion for the Court PER CURIAM.

PER CURIAM:

Appellants Cellular Mobile Systems of Pennsylvania ("CMS") and Celcom Communications Corporation of Pennsylvania ("Celcom") are unsuccessful applicants for the Philadelphia nonwireline cellular telephone license. They challenge the decision of the Federal Communications Commission ("FCC") to award the license to Automatic Wide-Area Cellular Systems, Inc. ("AWACS"). We affirm the Commission's decision. Most of the...

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