PETROLEUM COMMUNICATIONS, INC. v. F.C.C.

Nos. 92-1670, 93-1016.

22 F.3d 1164 (1994)

PETROLEUM COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, McCaw Cellular Communications, Inc., Intervenor. RVC SERVICES, INC., d/b/a Coastel Communications Company, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, Ameritech Mobile Communications, Inc.; Houston Cellular Telephone Company; Galveston Cellular Telephone Company; Alltel Mobile Communications, Inc.; McCaw Cellular Communications, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 1994.


Attorney(s) appearing for the Case

Daniel Joseph, Washington, DC, argued the cause for petitioners. On the briefs were Tom W. Davidson and Margaret L. Tobey, Washington, DC.

Roberta L. Cook, Counsel, F.C.C., Washington, DC, argued the cause for respondents. With her on the brief were William E. Kennard, General Counsel, F.C.C., Daniel M. Armstrong, Associate General Counsel, F.C.C., Anne K. Bingaman, Asst. Atty. Gen., and Catherine G. O'Sullivan and Andrea Limmer, Attys., U.S. Dept. of Justice, Washington, DC, John E. Ingle, Deputy Associate General Counsel, F.C.C., Washington, DC, entered an appearance.

Ray M. Senkowski, Washington, DC, entered an appearance for intervenor McCaw Cellular Communications, Inc. in No. 92-1670 and No. 93-1016.

Mitchell F. Hertz and Alfred W. Whittaker, Washington, DC, entered appearances for intervenor Ameritech Mobile Communications, Inc. in No. 93-1016.

Jay L. Birnbaum, Washington, DC, entered an appearance for intervenors Houston Cellular Telephone Co. et al., in No. 93-1016.

Carolyn C. Hill, Washington, DC, entered an appearance for intervenor Alltel Mobile Communications, Inc. in No. 93-1016.

Before WALD, EDWARDS, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petroleum Communications, Inc. and RVC Services, Inc. d/b/a Coastel Communications Co. (collectively, "petitioners" or "Petrocom and Coastel"), two cellular licensees in the Gulf of Mexico area, petition for review of two rules promulgated by the Federal Communications Commission ("FCC" or "Commission") pertaining to cellular radio telephone regions. Sections 22.903(a) and (d)(1) of the...

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