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GENCOM INC. v. F.C.C.

No. 84-1552.

832 F.2d 171 (1987)

GENCOM INCORPORATED, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Metro Mobile CTS of Phoenix, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1987.

As Amended October 30, 1987.

Attorney(s) appearing for the Case

Carl W. Northrop, with whom Rachelle B. Chong, Washington, D.C., was on the brief, for appellant. Eliot J. Greenwald, Washington, D.C., Jennifer S. Reader, New Orleans, La., and W. Theodore Pierson, Washington, D.C., also entered appearances for appellant.

Roberta L. Cook, Counsel, F.C.C., with whom Jack D. Smith, General Counsel, and Daniel M. Armstrong, Associate General Counsel, F.C.C., Washington, D.C., were on the brief, for appellee.

Stuart F. Feldstein, with whom Robert J. Keller, Washington, D.C., was on the brief, for intervenor. Aaron I. Fleischman and Robert J. Miller, Washington, D.C., also entered appearances for intervenor.

Before WALD, Chief Judge, and MIKVA and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

This case arises from a decision by the Federal Communications Commission ("FCC" or "Commission") to grant the application of Metro Mobile CTS of Phoenix, Inc. ("Metro Mobile") for a permit to establish a new cellular radio communications system and to deny the mutually exclusive application of Gencom, Inc. ("Gencom"). In its petition for review, Gencom attacks the FCC's determination...

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