No. 98-1246.

181 F.3d 1370 (1999)

QUALCOMM INCORPORATED, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. PrimeCo Personal Communications, L.P., and Sprint Spectrum L.P., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1999.

Attorney(s) appearing for the Case

Veronica M. Ahern argued the cause and filed the briefs for petitioner.

James M. Carr, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Christopher J. Wright, General Counsel, Federal Communications Commission, Daniel M. Armstrong, Associate General Counsel, and John E. Ingle, Deputy Associate General Counsel.

Robert A. Long, Jr. argued the cause for intervenors. On the brief was Luisa L. Lancetti. Andrew J. Heimert entered an appearance.

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

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In Freeman Engineering Associates v. FCC, 103 F.3d 169 (D.C.Cir.1997), the court held that although the Federal Communications Commission ("FCC") could reasonably interpret its rules for awarding pioneer's preferences to mean that adaptations of technology are not innovative, it had not applied the interpretation equally among all preference...

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