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SUNCOM MOBILE & DATA, INC. v. F.C.C.

No. 95-1478.

87 F.3d 1386 (1996)

SUNCOM MOBILE & DATA, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Roamer One, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 1996.

Attorney(s) appearing for the Case

Thomas Gutierrez, Washington, D.C., argued the cause, for petitioner. David LaFuria and J. Justin McClure, were on brief.

Susan L. Fox, Counsel, Federal Communications Commission, Washington, D.C., argued the cause, for respondents. William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, Anne K. Bingaman, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan, and Andrea Limmer, attorneys, were on brief. Laurel R. Bergold, Counsel, entered an appearance.

David J. Kaufman, Washington, D.C., argued the cause, for intervenors. William J. Franklin, was on brief. Scott C. Cinnamon and Thomas J. Keller entered appearances.

Before: WALD, SENTELLE and HENDERSON, Circuit Judges.

KAREN LeCRAFT HENDERSON, Circuit Judge.

Petitioner SunCom Mobile & Data, Inc. (SunCom) challenges rulings by the Federal Communications Commission (Commission) that SunCom claims impede its proposal for a wide-area, multiple station 220 MHz band transmission network. SunCom's plan, as described to the Commission, was to aggregate at some future date various 220 MHz stations then licensed to other parties and, at least in part, not yet built. To this end, SunCom...

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