AT&T WIRELESS SERVICES, INC. v. F.C.C.

No. 00-1304.

270 F.3d 959 (2001)

AT&T WIRELESS SERVICES, INC., et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Northeast Communications of Wisconsin, Inc., Cellcom, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 2001.


Attorney(s) appearing for the Case

L. Andrew Tollin argued the cause for appellants. With him on the briefs were Michael Deuel Sullivan, Douglas I. Brandon, Carol L. Tacker and John T. Scott III.

Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause for appellee. With her on the brief was Daniel M. Armstrong, Associate General Counsel.

Ronald J. Wiltsie II argued the cause for intervenors. With him on the brief were Michele C. Farquhar, Ronnie London, Donald J. Evans, Timothy Edward Welch, Russell D. Lukas and David L. Nace. David G. Leitch entered an appearance.

Before: EDWARDS, ROGERS and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In the order on review, the Federal Communications Commission affirmed orders by the Bureau of Wireless Telecommunications granting a waiver of 47 C.F.R. § 22.925 for two years to permit AirCell, Inc. and cellular licensees that had entered into resale agreements with AirCell to provide airborne cellular telephone service. See Aircell...

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