TELEPHONE AND DATA SYSTEMS, INC. v. F.C.C.

Nos. 92-1273, 93-1192.

19 F.3d 42 (1994)

TELEPHONE AND DATA SYSTEMS, INC., United States Cellular Corporation, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Cellular Network Corp., doing business as Comsat Cellular Communications, Inc.; and Ellis Thompson Corp., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 25, 1994.


Attorney(s) appearing for the Case

Alan Y. Naftalin, Washington, DC, argued the cause for appellants. With him on the briefs were Herbert D. Miller, Jr. and Peter M. Connolly.

James M. Carr, Counsel, Federal Communications Commission, Washington, DC, argued the cause for appellee. On the brief were Renee Licht, Acting General Counsel at the time the brief was filed, Federal Communications Commission; Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission; and Sue Ann Kanter and Sara F. Seidman, Counsel, Federal Communications Commission. John E. Ingle, Deputy Associate Counsel; and Roberta L. Cook, Counsel, Federal Communications Commission, entered an appearance.

On the brief of joint intervenors were Louis Gurman, Diane F. Kiechel, Stuart F. Feldstein, and Robert J. Keller. Thomas J. Hutton, Washington, DC, entered an appearance.

Before WALD, EDWARDS, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Telephone and Data Systems, Inc. ("TDS") appeals two orders of the Federal Communications Commission ("the Commission" or "FCC").1 The first order denied TDS's application for review of the Common Carrier Bureau's decision to grant Mr. Ellis Thompson a conditional permit to construct and operate cellular communications services in the Atlantic City...

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