MOBILETEL, INC. v. F.C.C.

No. 96-1327.

107 F.3d 888 (1997)

MOBILETEL, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Columbia Cellular, Inc. and BellSouth Mobility Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 1997.

Order Denying Rehearing April 29, 1997.


Attorney(s) appearing for the Case

Bruce D. Sokler, Washington, DC, argued the cause for appellant, with whom Howard J. Symons and James A. Kirkland were on the briefs.

Joel Marcus, Counsel, Federal Communications Commission, Washington, DC, argued the cause for appellee, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, John E. Ingle, Deputy Associate General Counsel, and Roberta L. Cook, Counsel, were on the brief.

Kenneth E. Hardman, L. Andrew Tollin and Michael Deuel Sullivan, Washington, DC, were on the joint brief for intervenors Columbia Cellular, Inc. and BellSouth Mobility Inc. David G. Frolio, Jim O. Llewellyn, Robert G. Kirk, Walter H. Alford and William B. Barfield entered appearances.

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


Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

On August 14, 1996, the Federal Communications Commission ("the Commission") released an order dismissing the application of MobileTel, Inc. ("MobileTel") to provide cellular service in two Rural Service Areas ("RSAs") in Louisiana using frequencies reserved for applicants that already provide "public landline message telephone service," 47 C...

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