McELROY ELECTRONICS CORP. v. F.C.C.

Nos. 91-1545, 91-1552 and 91-1606.

990 F.2d 1351 (1993)

McELROY ELECTRONICS CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Los Angeles SMSA Limited Partnership; Ameritech Mobile Communications, Inc.; McCaw Cellular Communications, Inc., Intervenors. JAJ CELLULAR, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Los Angeles SMSA Limited Partnership; Ameritech Mobile Communications, Inc.; United States Telephone Association; Rochester Telephone Mobile Communications; National Telephone Cooperative Association; Metro Mobile CTS, Inc.; McCaw Cellular Communications, Inc., Intervenors. LOS ANGELES SMSA LIMITED PARTNERSHIP, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, McCaw Cellular Communications, Inc., Intervenor. PRICE COMMUNICATIONS CELLULAR, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, National Telephone Cooperative Association; Ameritech Mobile Communications, Inc.; ALLTEL Mobile Communications, Inc.; US WEST New Vector Group, Inc.; BellSouth Corporation; McCaw Cellular Communications, Inc.; New Par; Cellular Communications of Puerto Rico, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 1993.


Attorney(s) appearing for the Case

Louis Gurman, with whom William D. Silva, Shaun A. Maher, Jerome K. Blask and Coleen M. Egan, Washington, DC, were on the joint brief, for appellants McElroy Electronics Corp. and JAJ Cellular.

Anne P. Jones, with whom David A. Gross, Washington, DC, was on the brief, for appellant Los Angeles SMSA Ltd. Partnership.

Lawrence Roberts, Washington, DC, for appellant Price Communications Cellular, Inc.

Roberta L. Cook, Counsel, F.C.C., with whom Renee Licht, Acting Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Catherine G. O'Sullivan and Andrea Limmer, Attorneys, Dept. of Justice, Washington, DC, were on the brief, for appellee.

Alfred W. Whittaker and Mitchell F. Hertz, Washington, DC, entered appearances for intervenor Ameritech Mobile Communications, Inc.

Anne P. Jones, Washington, DC, entered an appearance for intervenor Los Angeles SMSA Ltd. Partnership.

R. Michael Senkowski, Washington, DC, entered an appearance for intervenor McCaw Cellular Communications, Inc.

Martin T. McCue, Washington, DC, entered an appearance for intervenor U.S. Telephone Ass'n.

Michael J. Shortley, III, Washington, DC, entered an appearance for intervenor Rochester Telephone Mobile Communications.

David Cosson and L. Marie Guillory, Washington, DC, entered appearances for intervenor Natl. Telephone Co-op. Ass'n.

Stuart F. Feldstein, Washington, DC, entered an appearance for intervenor Metro Mobile CTS, Inc.

Carolyn C. Hill, Washington, DC, entered an appearance for intervenor ALLTEL Mobile Communications, Inc.

Leon T. Knauer, Washington, DC, entered an appearance for intervenor US WEST NewVector Group, Inc.

William B. Barfield and M. Robert Sutherland, Atlanta, GA, entered appearances for intervenor BellSouth Corp.

Thomas J. Casey and Jay L. Birnbaum, Washington, DC, entered appearances for intervenors New Par and Cellular Communications of Puerto Rico, Inc.

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


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

These consolidated cases involve what could be considered the "second wave" of cellular licenses in metropolitan areas. Over a decade ago, the Federal Communications Commission ("FCC" or "Commission") launched its "initial" cellular licensing period, during which it granted licenses and permits primarily to companies committed to serving the larger part of a standard metropolitan statistical...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases