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CELCOM COMMUNICATIONS CORP. v. F.C.C.

Nos. 84-1587, 85-1316.

789 F.2d 67 (1986)

CELCOM COMMUNICATIONS CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Cellular Mobile Corp., Cellular Telephone Company, Intervenors. CELCOM COMMUNICATIONS CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 29, 1986.

Attorney(s) appearing for the Case

S. William Livingston, Jr., Washington, D.C., with whom Jonathan D. Blake and Alan A. Pemberton, were on the brief for appellants in Nos. 84-1587 and 85-1316. Paul J. Berman, Washington, D.C., also entered an appearance, for appellant in No. 85-1316.

Roberta L. Cook, Counsel, F.C.C., with whom Jack D. Smith, Gen. Counsel and Daniel M. Armstrong, Associate Gen. Counsel, were on the brief, Washington, D.C., for appellee in Nos. 84-1587 and 85-1316.

Ben C. Fisher, with whom John Q. Hearne, Eliot J. Greenwald, Stephen A. Weiswasser, and William R. Richardson, Jr., Washington, D.C., were on the brief, for intervenor, Cellular Telephone Co., in No. 84-1587.

Edward P. Taptich and William K. Keane were on the brief for intervenor, Cellular Mobile Corp., in No. 84-1587. Silvia L. Gonzalez, Washington, D.C., also entered an appearance, for intervenor, Cellular Mobile Corp., in No. 84-1587.

Before WRIGHT and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case is another in a growing line of appeals from the Federal Communications Commission's decisions awarding cellular radio licenses, popularly known as cellular telephone service. The Commission awarded the New York nonwireline cellular license to Cellular Telephone Company (CTC), thus denying the competing applications of appellant Celcom Communications Corporation (Celcom) and...

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