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GOODMAN v. F.C.C.

Nos. 95-1585, 98-1373, 98-1488 to 98-1490.

182 F.3d 987 (1999)

Daniel R. GOODMAN, Solely in his Capacity as Receiver, Chadmoore Wireless Group, Inc., and SMR Services, Inc., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1999.

Attorney(s) appearing for the Case

Rodney H. Glover argued the cause for petitioner SMR Services, Inc., et al. Martin Lobel argued the cause for petitioner Chadmoore Wireless Group, Inc. With them on the joint briefs were Russell H. Fox, Laura C. Mow, Laurie A. Holmes, Henry M. Banta and Lee E. Helfrich.

Roberta I. Cook, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Adam D. Hirsh, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel. C. Grey Pash, Jr., Counsel, entered an appearance.

Before: GINSBURG, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

More than 4,000 individuals obtained licenses in the Specialized Mobile Radio (SMR) service apparently without realizing that the Federal Communication Commission's "build out" rules require a licensee to construct and to begin operating a transmission facility within a specified period. The Commission extended the build out deadlines for an imprecisely specified group of the licensees...

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