JAJ CELLULAR v. FEDERAL COMMUNICATIONS COM'N

Nos. 94-1021, 94-1024.

54 F.3d 834 (1995)

JAJ CELLULAR, et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Metro Mobile CTS of Phoenix, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 19, 1995.


Attorney(s) appearing for the Case

Louis Gurman, Washington, DC, argued the cause, for appellants. With him on the joint briefs was William D. Silva, Washington, DC, for appellant McElroy Electronics Corp. Coleen M. Egan, Washington, DC, entered an appearance, for JAJ Cellular.

Roberta L. Cook, Counsel, Federal Communications Com'n, Washington, DC, argued the cause, for appellee. With her on the brief were William E. Kennard, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, Federal Communications Com'n, Washington, DC.

R. Bruce Beckner, Washington, DC, argued the cause, for intervenors Metro Mobile CTS of Phoenix, Inc. and Bell Atlantic Enterprises Intern., Inc. With him on the brief were Stuart F. Feldstein and Jill K. McClelland, Washington, DC.

Before WALD, RANDOLPH and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

JAJ Cellular ("JAJ") and McElroy Electronics Corporation ("McElroy") appeal from an order of the Federal Communications Commission ("FCC" or "Commission") granting interim operating authority to Bell Atlantic Corporation ("Bell Atlantic"), as successor to Metro Mobile CTS of Phoenix, Inc. ("Metro Mobile"), to provide cellular telephone service in a "fill-in" area in the Phoenix metropolitan...

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