CELLNET COMMUNICATION, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
McCaw Cellular Communications, Inc., Cellular Telecommunications Industry Association, Amarillo CellTelco, Ameritech Mobile Communications, Inc., North American Telecommunications Association, Intervenors.
NATIONAL CELLULAR RESELLERS ASSOCIATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
BellSouth Corporation, NYNEX Mobile Communications Company, McCaw Cellular Communications, Inc., Southwestern Bell Mobile Systems, Inc., Cellular Telecommunications Industry Association, Amarillo CellTelco, Ameritech Mobile Communications, Inc., North American Telecommunications Association, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 9, 1992.
Decided June 9, 1992.
As Amended September 4, 1992.
Attorney(s) appearing for the Case
Donald E. Ward, Washington, D.C., for petitioner Cellnet Communications, Inc. in No. 91-1251.
Robert J. Aamoth, Washington, D.C., for petitioner Nat. Cellular Resellers Ass'n in No. 91-1253. W. Theodore Pierson, Jr., Washington, D.C., also entered an appearance for petitioner.
John E. Ingle, Deputy Associate General Counsel, with whom Robert L. Pettit, Gen. Counsel and Laura R. Bergard, counsel, F.C.C., and Robert B. Nicholson and Robert J. Wiggers, Attys., Dept. of Justice, Washington, D.C., were on the brief, for respondents in both cases.
Charles A. Zielinski, Washington, D.C., for intervenors Ameritech Mobile Communications, Inc., Cellular Telecommunications Industry Ass'n, McCaw Cellular Communications, Inc., NYNEX Mobile Communications Co., and Southwestern Bell Mobile Systems, Inc. in Nos. 91-1251 and 91-1253. R. Michael Senkowski, Theodore C. Whitehouse, Philip L. Verveer, Sue D. Blumenfeld, A. Richard Metzger, Jr. and Martin E. Grambow, Washington, D.C., also entered appearances for intervenors.
Eliot J. Greenwald, Washington, D.C., entered an appearance for intervenor Amarillo CellTelco in Nos. 91-1251 and 91-1253.
Albert H. Kramer and Robert F. Aldrich, Washington, D.C., entered appearances for intervenor North American Telecommunications Ass'n in Nos. 91-1251 and 91-1253.
William B. Barfield, R. Frost Branon, Jr. and M. Robert Sutherland, Atlanta, Ga., entered appearances for intervenor Bell-South Corp. in No. 91-1253.
Donald W. Boecke, Washington, D.C., and Edward R. Wholl, Pearl River, N.Y., also entered appearances for intervenor NYNEX Mobile Communications Co. in No. 91-1253.
Before: MIKVA, Chief Judge, SILBERMAN and STEPHEN F. WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.
STEPHEN F. WILLIAMS, Circuit Judge:
This appeal arises out of a Federal Communications Commission order that initiated a rulemaking proceeding, "clarified" an existing rule, and dismissed a petition to expand the proceeding. Petitioners Cellnet Communications, Inc. and National Cellular Resellers Association ("NCRA") argue that the "clarification" was actually a new rule, and thus that the FCC...
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