OMNIPOINT CORPORATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents.
GO Communications Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 28, 1995.
Decided March 8, 1996.
Attorney(s) appearing for the Case
Mark J. Tauber, argued the cause, for petitioner Omnipoint Corp., with whom Emilio W. Cividanes and Mark J. O'Connor were on the briefs.
Keith J. Harrison, argued the cause, for petitioner QTEL Wireless, Inc., with whom Jeffrey W. King was on the briefs.
Eliot J. Greenwald, argued the cause, for petitioners New Wave LLC, et al., with whom John Q. Hearne and Mark D. Wilkerson were on the briefs.
Christopher J. Wright, Deputy General Counsel, Federal Communications Commission, argued the cause, for respondents, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, James M. Carr, Joel Marcus, and John P. Stern, Counsel, Federal Communications Com'n, and Anne K. Bingaman, Assistant Attorney General, and Robert B. Nicholson, Attorney, U.S. Department of Justice, were on the brief. John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, and Robert J. Wiggers, Attorney, U.S. Department of Justice, entered appearances, for respondents.
Ashton R. Hardy, argued the cause and filed the briefs, for intervenor Radiofone, Inc.
Edgar F. Czarra, Jr., argued the cause, for intervenors Cook Inlet Region, Inc., et al., with whom Harris Weinstein, Kurt A. Wimmer, Lawrence R. Sidman, Judith A. Mather, J. Roger Wollenberg, William R. Richardson, Jr., Lynn R. Charytan, George Petrutsas, Carl W. Northrop, Emmett A. Johnston, Shelley L. Spencer, Phyllis A. Whitten, David E. Springer, John C. Spinrad, Stephen G. Kraskin and Sylvia L. Lesse were on the brief. Jonathan D. Blake entered an appearance, for intervenor American PCS, L.P. Frederick M. Joyce entered an appearance, for intervenor Essex USA, LLC. David Cosson and L. Marie Guillory entered appearances, for intervenor Nat. Telephone Co-op. Ass'n. Jonathan D. Hart entered an appearance, for intervenors BET Holdings, Inc., and Page Call, Inc. James L. Winston and Walter E. Diercks entered appearances, for intervenor Nat. Ass'n. of Black Owned Broadcasters, Inc. Debra M. Richards, pro se, entered an appearance. Thomas A. Hart, Jr., entered an appearance, for intervenor Nat. Paging & Personal Communications Ass'n.
Before EDWARDS, Chief Judge, and WALD and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge SENTELLE.
Opinion dissenting in part filed by Circuit Judge WALD.
SENTELLE, Circuit Judge:
In this consolidated proceeding, we consider three separate petitions for review of a Federal Communication Commission order. All petitioners allege that the Commission violated the APA and its own regulations in promulgating its Implementation of Section 309(j) of the Communications Act — Competitive Bidding...
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