OMNIPOINT CORP. v. F.C.C.

No. 99-1316.

213 F.3d 720 (2000)

OMNIPOINT CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 2000.


Attorney(s) appearing for the Case

Mark J. O'Conner argued the cause for the petitioner. Mark J. Tauber and Donna N. Lampert were on brief.

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

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


Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

On September 17, 1996 the Federal Communications Commission (FCC or Commission) granted Omnipoint Corporation (Omnipoint) eighteen broadband personal communications services (PCS) licenses for C Block spectrum which it won at auction. Because Omnipoint was a qualifying "small business" the FCC financed ninety per cent of Omnipoint's auction bid at a 7% interest...

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