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U.S. AIRWAVES, INC. v. F.C.C.

Nos. 98-1266, Consolidated with 98-1267.

232 F.3d 227 (2000)

U.S. AIRWAVES, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. NextWave Telecom Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 21, 2000.

Attorney(s) appearing for the Case

Robert A. Long, Jr. argued the cause for petitioners. With him on the briefs was Andrew J. Heimert.

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

Ian Heath Gershengorn argued the cause for intervenor NextWave Telecom Inc. With him on the brief was Donald B. Verrilli, Jr. David A. LaFuria and Thomas Gutierrez entered appearances.

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

Opinion for the court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Before us are petitions for review of two rulemaking orders of the Federal Communications Commission. The orders changed the financial terms applicable to companies that purchased licenses to provide personal communications services (PCS) at an auction in which bidding was limited to small businesses and entrepreneurs. See Amendment of the Commission's Rules Regarding Installment...

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