BELLSOUTH CORP. v. F.C.C.

Nos. 97-1630, 97-1631.

162 F.3d 1215 (1999)

BELLSOUTH CORPORATION and BellSouth Wireless, Inc., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, and United States of America, Appellees. U S West, Inc. and Rural Telecommunications Group, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 8, 1999.


Attorney(s) appearing for the Case

L. Andrew Tollin argued the cause for appellants/petitioners. With him on the briefs were Michael Deuel Sullivan, Robert G. Kirk, Craig E. Gilmore, William B. Barfield, M. Robert Sutherland, Jim O. Llewellyn and David G. Frolio.

Jeffrey H. Dygert, Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel. John E. Ingle, Deputy Associate General Counsel, and Joel Marcus, Counsel, entered appearances.

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


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In 1994, the Federal Communications Commission established a 45 MHz spectrum cap on commercial mobile radio services ("CMRS") that limited the total amount of cellular, broadband personal communication service ("PCS"), and specialized mobile radio ("SMR") spectrum that a given entity could accumulate. See 9 F.C.C.R. 7988, 7999, para...

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