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ELECTRONIC ENGINEERING CO. v. F.C.C.

No. 97-1255.

140 F.3d 1045 (1998)

ELECTRONIC ENGINEERING COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, PageMart II, Inc. and Personal Communications Industry Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 14, 1998

Rehearing Denied June 11, 1998.

Attorney(s) appearing for the Case

Timothy E. Welch, Silver Spring, MD, argued the cause and filed the briefs for appellant.

Roberta L. Cook, Counsel, Federal Communications Commission, Washington, DC, argued the cause for appellee, with whom Christopher J. Wright, General Counsel, and Daniel M. Armstrong, Associate General Counsel, were on the brief. John E. Ingle, Deputy Associate General Counsel, entered an appearance.

David E. Weisman and Alan S. Tilles, Washington, DC, were on the brief for intervenor Personal Communications Industry Association, Ltd.

Before: SENTELLE, TATEL and GARLAND, Circuit Judges.

SENTELLE, Circuit Judge:

Electronic Engineering Company ("EEC") appeals a decision of the Federal Communications Commission allowing PageMart II, Inc. ("PageMart") to use private paging frequency 929.7625 MHz on an exclusive nationwide basis. EEC argues that the Commission should have dismissed PageMart's applications because the Personal Communication Industry Association ("PCIA"), the frequency coordinator for 900 MHz paging frequencies, unlawfully altered the frequency...

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