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KELLER COMMUNICATIONS, INC. v. F.C.C.

No. 97-1001.

130 F.3d 1073 (1997)

KELLER COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. City of Lewisville, Texas, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 12, 1997.

Attorney(s) appearing for the Case

Dan Warnock, Washington, DC, argued the cause for appellant. With him on the briefs was Christopher D. Imlay, Washington, DC.

K. Michele Walters, Counsel, Federal Communications Commission, argued the cause for appellee. With her on the briefs were William E. Kennard, General Counsel, Napa, CA, Daniel M. Armstrong, Associate General Counsel, and Roberta L. Cook, Counsel, Washington, DC.

L. Andrew Tollin, Washington, DC, and Jeffrey S. Cohen were on the brief for intervenor City of Lewisville, Texas. Lawrence J. Movshin, Washington, DC, entered an appearance.

Before: GINSBURG, SENTELLE and TATEL, Circuit Judges.

TATEL, Circuit Judge:

The Federal Communications Commission waived several regulatory requirements to permit a Texas city to add a nearby town's frequency to its own public safety radio system. Because the Commission's determination that the waiver was necessary to protect public safety finds support in the record and is neither arbitrary nor capricious, we affirm the Commission.

I

Like many municipalities, Lewisville, Texas, uses a "trunked radio...

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