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GRACEBA TOTAL COMMUNICATIONS, INC. v. F.C.C.

Nos. 95-1599, 96-1003 and 96-1004.

115 F.3d 1038 (1997)

GRACEBA TOTAL COMMUNICATIONS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Ad Hoc IVDS Coalition, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 1997.

Attorney(s) appearing for the Case

Richard S. Myers argued the cause for appellants. With him on the briefs was Timothy E. Welch.

Susan L. Fox, Counsel, Federal Communications Commission, argued the cause, for appellees. With her on the briefs were William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, C. Grey Pash, Jr., Counsel, Joel I. Klein, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys.

Before WILLIAMS, SENTELLE and TATEL, Circuit Judges.

Opinion for the Court by Circuit Judge TATEL.

TATEL, Circuit Judge:

Graceba Total Communications, Inc., petitions for review of a Federal Communications Commission order rejecting, among other claims, the company's constitutional challenge to a minority and gender preference rule employed in a license auction. Finding that the Commission erred in determining that Graceba's challenge to the rule was untimely, we remand the constitutional claim for further consideration...

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