SACO RIVER CELLULAR v. FEDERAL COMMUNICATIONS COMMISSION

Nos. 91-1248, 93-1423, & 96-1439.

133 F.3d 25 (1998)

SACO RIVER CELLULAR, INC., Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee Northeast Cellular Telephone Company, L.P. and Portland Cellular Partnership, Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1998.

Rehearing Denied March 19, 1998.


Attorney(s) appearing for the Case

Alan Y. Naftalin argued the cause for appellant Northeast Cellular Telephone Company, L.P., with whom Peter M. Connolly, Carter G. Phillips and Stephen F. Smith were on the briefs.

Theresa Fenelon argued the cause for appellant Saco River Cellular, Inc., with whom Harold J. Carroll was on the briefs.

Laurence H. Schecker, Counsel, Federal Communications Commission, argued the cause for appellee, with whom William E. Kennard, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Roberta L. Cook, Counsel, were on the brief. John E. Ingle, Deputy Associate General Counsel, and Renee Licht, Counsel, entered appearances.

Anne M. Lobell, Counsel, U.S. Department of Justice, argued the cause for amicus curiae United States of America, with whom Frank W. Hunger, Assistant Attorney General, U.S. Department of Justice, Mary Lou Leary, U.S. Attorney, Marleigh D. Dover, Special Counsel, U.S. Department of Justice, and Richard A. Olderman, Attorney, were on the brief.

Alan Y. Naftalin, Peter M. Connolly, Mark D. Schneider and Michael A. Nemeroff were on the brief for intervenor Northeast Cellular Telephone Company, L.P. Herbert D. Miller, Jr. entered an appearance.

Theresa Fenelon and Harold J. Carroll were on the brief for intervenor Saco River Cellular, Inc.

L. Andrew Tollin and Michael Duele Sullivan were on the brief for intervenor Portland Cellular Partnership. Charles D. Ossola and Michael B. Barr entered appearances.

Before: EDWARDS, Chief Judge, and GINSBURG and TATEL, Circuit Judges.


GINSBURG, Circuit Judge:

Appellants Saco River Cellular, Inc. and Northeast Cellular Telephone Co., L.P., applicants for a license to provide cellular telephone service in the Portland, Maine area, challenge a series of decisions by the Federal Communications Commission culminating in the award of the license to Portland Cellular Partnership (PortCell). In the most recent decision under review, the Commission concluded that...

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