CELLULAR MOBILE SYSTEMS OF ILLINOIS, INC. v. F.C.C.

No. 84-1456.

782 F.2d 214 (1986)

CELLULAR MOBILE SYSTEMS OF ILLINOIS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Rogers Radiocall, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1986.


Attorney(s) appearing for the Case

Edward P. Taptich, with whom Charles C. Hunter and Laura C. Mow, Washington, D.C., were on 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, Roberta L. Cook and Carmen A.C. Borkowski, Counsel, F.C.C., Washington, D.C., were on brief for appellee.

Robert M. Jackson, with whom Arthur Blooston and Thomas J. Dougherty, Washington, D.C., were on brief, for intervenor.

Before WALD, EDWARDS and STARR, Circuit Judges.


Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case and its companion case, Cellular Mobile Systems of Pennsylvania, Inc. v. FCC,1 decided on December 20, 1985, present highly similar issues for resolution. Cellular Mobile Systems of Illinois, Inc. (CMS) is a disappointed applicant for a non-wireline cellular license in the Chicago market. The claims here essentially mirror those in the Pittsburgh...

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