MOVING PHONES PARTNERSHIP L.P., Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Thomas Domencich and Committee for a Fair Lottery, Romulus Engineering, Inc., James E. Martin, Jr., CSH Cellular, Gilcom Cellular, L.P., PC Cellular, Inc., RSA Cellular Company, AAT R S A Company, L.P., Excellence II, Elleron Cellular Corporation, Sunde Cellular Communications, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 8, 1993.
Decided July 30, 1993.
Rehearing and Suggestions for Rehearing Denied October 5, 1993.
Attorney(s) appearing for the Case
A. Thomas Carroccio, for appellants. With him on the joint brief were J. Laurent Scharff, Gertrude J. White, Michael F. Morrone, Mark F. Evens, Michael R. Bennet, Richard O. Wolf, Edward R. Kump, Denise Moline, and Lloyd D. Young. Glen Franklin Koontz also entered an appearance for appellants in Nos. 91-1611, 91-1613, 91-1614, 91-1615, and 91-1616.
Sue Ann Kanter, Counsel, F.C.C., for appellee. On the brief were Renee Licht, Gen. Counsel; Daniel M. Armstrong, Associate Gen. Counsel; and Roberta L. Cook, Counsel, F.C.C. John E. Ingle and Robert L. Pettit, Counsel, F.C.C., also entered appearances for appellee.
Mark D. Schneider argued the cause for intervenors Thomas Domencich and Committee for a Fair Lottery; James E. Martin, Jr.; CSH Cellular; Gilcom Cellular, L.P.; PC Cellular, Inc.; RSA Cellular Co., Michael B. Azeez; Excellence II; Elleron Cellular Corp.; Percival Vaz; Larsen Cellular Associates; AAT R S A Company, L.P.; Marco Communications Corp.; and Sunde Cellular Communications, Inc. With him on the joint brief were Carter G. Phillips, Carl W. Northrop, Stephen Kaffee, Kenneth E. Hardman, Benito Gaguine, Arthur V. Belendiuk, Thomas Gutierrez, Eliot J. Greenwald, David J. Kaufman, Thomas L. Siebert, and Paul C. Besozzi. George L. Lyon, Jr. entered an appearance for intervenor Gilcom Cellular, L.P. Michael D. Sullivan entered an appearance for intervenor Romulus Engineering, Inc. Richard S. Myers entered an appearance for intervenor Optima Cellular Partnership. Stephen E. Coran entered an appearance for intervenor Excellence II.
Before MIKVA, Chief Judge, and SENTELLE and HENDERSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing and Suggestions for Rehearing En Banc Denied October 5, 1993.
Opinion for the Court filed by Circuit Judge SENTELLE.
SENTELLE, Circuit Judge:
Appellants, all partnerships, applied to the Federal Communications Commission ("Commission" or "FCC") for authorization to construct and operate cellular systems. The FCC dismissed the applications on the ground that each proposed to include one or more alien general partners, violating alien ownership...
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