NEXTWAVE PERSONAL COMMUNICATIONS INC. and NextWave Power Partners Inc., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
BellSouth Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 15, 2001.
Decided June 22, 2001.
Attorney(s) appearing for the Case
Theodore B. Olson argued the cause for petitioners/appellants. With him on the briefs were Douglas R. Cox, Thomas G. Hungar, Donald B. Verrilli, Jr., Ian Heath Gershengorn, Lara M. Flint and G. Eric Brunstad, Jr. Miguel A. Estrada entered an appearance.
William H. Crispin, Emanuel Grillo, David Friedman and Kenneth N. Klee were on the brief for amici curiae Senator Robert G. Torricelli, et al. in support of petitioners/appellants.
Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, argued the cause for respondents/appellee. With him on the brief were Christopher J. Wright, General Counsel, Joel Marcus and Stanley R. Scheiner, Counsel, Jacob M. Lewis and H. Thomas Byron III, Attorneys, U.S. Department of Justice. Stewart A. Block, Counsel, Federal Communications Commission, entered an appearance.
Richard G. Taranto argued the cause for intervenors Cellular Telecommunications Industry Association, et al. With him on the brief were Michael F. Altschul, L. Andrew Tollin, Robert G. Kirk, Craig E. Gilmore, Douglas I. Brandon, Howard J. Symons, Sara F. Leibman, Louis Gurman, Christa M. Parker, John T. Scott III, Mark L. Evans, Lawrence J. Movshin, Michael Deuel Sullivan and H. Richard Juhnke. Matthew R. Sutherland entered an appearance.
Before: SENTELLE, TATEL and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge TATEL.
TATEL, Circuit Judge:
This case concerns the extent to which the Bankruptcy Code limits a federal agency — here, the Federal Communications Commission — acting to implement the provisions of its own statute. Seeking to comply with its statutory duty to ensure small business participation in auctions of broadband PCS licenses, the Commission allowed winning bidders to pay for their licenses in...
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