CELLNET COMMUNICATIONS, INC. v. F.C.C.

No. 96-4022.

149 F.3d 429 (1998)

CELLNET COMMUNICATIONS, INC., Petitioner, Telecommunications Resellers Association, Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, Airtouch Communications, Inc.; Rural Telecommunications Group; GTE Service Corporation, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided July 7, 1998.


Attorney(s) appearing for the Case

Joel H. Levy (argued and briefed), Cohn & Marks, Washington, DC, for Cellnet Communications, Inc.

Charles C. Hunter, Hunter & Mow, for Telecommunications Resellers Ass'n.

John E. Ingle (briefed), William E. Kennard (briefed), Daniel M. Armstrong (briefed), Nancy L. Kiefer (argued and briefed), Office of the General Counsel, Federal Communications Commission, Washington, DC, for F.C.C.

Cathrine G. O'Sullivan (briefed), Nancy C. Garrison (briefed), U.S. Department of Justice, Antitrust Division, Washington, DC, Janet Reno, U.S. Atty. Gen., U.S. Dept. of Justice, Washington, DC, for U.S.

Kathleen M. Trafford, Porter, Wright, Morris & Arthur, Columbus, OH, for Airtouch Communications, Inc.

Caressa D. Bennet, Gregory W. Whiteaker, Bennet & Bennet, Washington, DC, for Rural Telecommunications.

Andre Lachance, Washington, DC, for GTE Service Corp.

George L. Lyon, Jr. (Briefed), Lukas, McGowan, Nace & Gutierrez, Chartered, Washington, DC, for Concus Communications, Inc..

Before: RYAN, COLE, and GILMAN, Circuit Judges.


OPINION

COLE, Circuit Judge.

The petitioner seeks review of a rule-making order in which the Federal Communications Commission ("FCC") extended its prohibition against restrictions on the resale of wireless mobile services, which had previously applied only to some cellular licensees, to certain other types of commercial mobile radio services providers. Resale involves buying services or facilities from facilities-based providers, the carriers who constructed...

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