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FREEMAN ENGINEERING ASSOCIATES, INC. v. F.C.C.

Nos. 94-1779, 95-1055, 95-1060, 95-1065 and 95-1074.

103 F.3d 169 (1997)

FREEMAN ENGINEERING ASSOCIATES, INC., et al., Appellants/Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Appellees/Respondents, US West, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 7, 1997.

Attorney(s) appearing for the Case

Veronica M. Ahern and Gene A. Bechtel, argued the cause, for appellants/petitioners, with whom Harold Mordkofsky, Robert M. Jackson, Harry F. Cole, George H. Shapiro and Robert B. Kelly, Washington, DC, were on the joint briefs.

James M. Carr, Counsel, Federal Communications Commission, argued the cause, for appellees/respondents, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, Anne K. Bingaman, Assistant Attorney General, United States Department of Justice, and Robert B. Nicholson, Attorney, were on the brief. Robert J. Wiggers, Attorney, Washington, DC, entered an appearance.

Before: GINSBURG, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Five appellants/petitioners appeal from and seek review of a Federal Communications Commission ("FCC" or "Commission") order which dismissed their applications for "pioneer's preferences." Appellants/petitioners claim that the dismissal of their applications was not only arbitrary and capricious, but was also influenced by improper ex parte contacts. As an initial matter...

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