AERONAUTICAL RADIO, INC. and Air Transport Association of America, Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
TRW Inc., American Mobile Satellite Corporation, AMSC Subsidiary Corporation and Omninet, Inc., Intervenors.
AERONAUTICAL RADIO, INC., and Air Transport Association of America, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
TRW Inc., American Mobile Satellite Corporation, AMSC Subsidiary Corporation and Omninet, Inc., Intervenors.
OMNINET, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
TRW Inc., Aeronautical Radio, Inc., Air Transport Association of America, American Mobile Satellite Corporation and AMSC Subsidiary Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 25, 1992.
Decided January 26, 1993.
Attorney(s) appearing for the Case
Robert J. Butler, with whom John L. Bartlett, Washington, DC, for Aeronautical Radio, Inc., and Donald J. Evans, Washington, DC, for Omninet, Inc., were on the joint brief, for Aeronautical Radio, Inc., appellant in 92-1046, petitioner in 92-1047 and intervenor in 92-1049, for Air Transport Ass'n of America, appellant in 92-1046, petitioner in 92-1047 and intervenor in 92-1049, and Omninet, Inc., petitioner in 92-1049 and intervenor in 92-1046 and 92-1047.
Donald J. Evans, Washington, DC, was on the brief, for Omninet, Inc.
Gregory M. Christopher, Counsel, Federal Communications Com'n, with whom Robert L. Pettit, Gen. Counsel and John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., and Catherine G. O'Sullivan and Robert J. Wiggers, Attorneys, Dept. of Justice, Washington, DC, were on the brief, for appellee/respondents in 92-1046, 92-1047 and 92-1049.
Hadrian R. Katz, with whom Lon C. Levin, Gary M. Epstein, James F. Rogers, Clifford M. Harrington and Bruce D. Jacobs, Washington, DC, were on the brief, for American Mobile Satellite Corp. and AMSC Subsidiary Corp., intervenors in 92-1046, 92-1047 and 92-1049.
Norman P. Leventhal and Raul R. Rodriguez, Washington, DC, were on the brief for TRW Inc., intervenor in 92-1046, 92-1047 and 92-1049.
James E. Landry, Washington, DC, entered an appearance for Air Transport Ass'n of America.
Before: EDWARDS, RUTH BADER GINSBURG and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge EDWARDS.
Concurring opinion filed by Circuit Judge RUTH BADER GINSBURG.
HARRY T. EDWARDS, Circuit Judge:
In 1985, the Federal Communications Commission ("Commission" or "FCC") proposed to allocate spectrum and establish licensing procedures for a new domestic mobile communications system known as mobile satellite service ("MSS"). The Commission subsequently reallocated a portion of spectrum in the upper...
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