MOBILE COMMUNICATIONS CORPORATION OF AMERICA, et al., Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Mobile Telecommunications Technologies Corporation, Intervenor.
MOBILE TELECOMMUNICATIONS TECHNOLOGIES CORPORATION, et al., Appellants,
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee,
Cox Enterprises, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 8, 1995.
Decided March 8, 1996.
Rehearing and Suggestion for Rehearing Denied May 8, 1996.
Attorney(s) appearing for the Case
Michael Deuel Sullivan, with whom L. Andrew Tollin, Craig E. Gilmore, Georgina M. Lopez-Ona, Washington, DC, Walter H. Alford, Atlanta, GA, John F. Beasley, Athens, GA, William B. Barfield and Jim O. Llewellyn, Atlanta, GA, were on the briefs, argued the cause, for appellants Mobile Communications Corporation of America, et al.
Richard E. Wiley, with whom Ray M. Senkowski, Daniel E. Troy, Timothy B. Dyk and Barbara McDowell, Washington, DC, were on the briefs, argued the cause, for appellants Mobile Telecommunications Technologies Corporation and Destineer Corporation.
Joel Marcus, Counsel, Federal Communications Commission, with whom William E. Kennard, General Counsel, and John E. Ingle, Deputy Associate General Counsel, were on the brief, argued the cause, for appellee in 93-1518. James M. Carr and Renee Licht, Counsel, Washington, DC, entered appearances.
John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, with whom William E. Kennard, General Counsel, and Michael F. Finn and Joel Marcus, Counsel, were on the brief, argued the cause, for appellee in 94-1552 and 94-1553. James M. Carr, Washington, DC, entered an appearance.
Richard E. Wiley, Ray M. Senkowski and Daniel E. Troy, Washington, DC, were on the brief, for intervenors Mobile Telecommunications Technologies Corporation and Destineer Corporation.
Jonathan D. Hart, Laura H. Phillips, Robin H. Sangston and Werner K. Hartenberger, Washington, DC, entered appearances, for intervenor Cox Enterprises, Inc.
J. Laurent Scharff, Joel M. Hamme and Robert J. Aamoth, Washington, DC, were on the brief, for intervenor Paging Network, Inc.
E. Edward Bruce, John F. Duffy and Robert A. Long, Jr., Washington, DC, entered appearances, for amicus curiae American Personal Communications.
Before: EDWARDS, Chief Judge, BUCKLEY and WILLIAMS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied May 8, 1996.*
Opinion for the Court filed by Circuit Judge WILLIAMS.
Opinion concurring in part and dissenting in part filed by Chief Judge EDWARDS.
STEPHEN F. WILLIAMS, Circuit Judge:
Petitioner Mobile Telecommunications Technologies Corp. ("Mtel") received a "pioneer's preference" in 1993 as a reward for developing technology making it possible to transmit...
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