BENKELMAN TELEPHONE CO. v. F.C.C.

Nos. 97-1245, 97-1294, 99-1247, 99-1251, 99-1331 & 99-1337.

220 F.3d 601 (2000)

BENKELMAN TELEPHONE COMPANY, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Nationwide Paging, Inc., et al., Intervenors. Metamora Telephone Company, Petitioner, v. Federal Communications Commission and United States of America, Respondents. Advanced Paging, Inc, et al., Petitioners, v. Federal Communications Commission and United States of America, Respondents. Advanced Paging, Inc., et al., Petitioners, v. Federal Communications Commission and United States of America, Respondents. Robert L. Wagner, et al., Petitioners, v. Federal Communications Commission and United States of America, Respondents. Personal Communications Industry Association, Petitioner, v. Federal Communications Commission and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 28, 2000.


Attorney(s) appearing for the Case

Carl W. Northrop argued the cause for the petitioners and intervenors. Timothy E. Welch, Kenneth E. Hardman, John D. Pellegrin, Frederick M. Joyce, Kenneth D. Patrich and Robert L. Hoggarth were on brief. Ray M. Senkowski, Christine M. Crowe and David A. Gross entered appearances.

Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause for the respondents. Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, Joel I. Klein, Assistant Attorney General, United States Department of Justice, and Robert B. Nicholson and Andrea Limmer, Attorneys, United States Department of Justice, were on brief. Daniel M. Armstrong, Associate General Counsel, and Gregory M. Christopher, Counsel, Federal Communications Commission, entered appearances.

Before: WILLIAMS, SENTELLE and HENDERSON, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioners challenge a Federal Communications Commission (FCC) rulemaking that established a geographic area licensing regime for common carrier paging and 929 MHz private carrier paging licenses1 and a competitive bidding procedure for mutually exclusive2 applications filed thereunder. See In re...

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