APSCO v. F.C.C.

No. 95-1104.

76 F.3d 395 (1996)

ASSOCIATION OF PUBLIC-SAFETY COMMUNICATIONS OFFICIALS-INTERNATIONAL, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, UTAM, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1996.


Attorney(s) appearing for the Case

John Lane, Jr. argued the cause for petitioner, with whom Ramsey L. Woodworth and Robert M. Gurss, Washington, DC, were on the briefs.

James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel and John E. Ingle, Deputy Associate General Counsel, Washington, DC, were on the brief.

Ray M. Senkowski and Clifford M. Sloan were on the brief for intervenors UTAM, Inc. and Personal Communications Industry Association. Robert J. Butler, Washington, DC, Jim O. Llewellyn, Atlanta, GA, John F. Beasley, Athens, GA, Lewis A. Tollin, Washington, DC, Michael D. Sullivan and William B. Barfield, Atlanta, GA, entered appearances.

Before: EDWARDS, Chief Judge, WALD and SILBERMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Over the past several years, the Federal Communications Commission ("FCC" or "Commission") has attempted to devise a plan to allocate spectrum to promote the development of emerging wireless telecommunications technologies without unduly disrupting the services currently utilizing spectrum space. This case involves a challenge to one aspect of the Commission's allocation plan, which has...

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