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CELTRONIX TELEMETRY, INC. v. F.C.C.

Nos. 00-1400 & 00-1401.

272 F.3d 585 (2001)

CELTRONIX TELEMETRY, INC., Appellant/Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Appellee/Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 2001.

Rehearing and Rehearing Denied January 10, 2002.

Attorney(s) appearing for the Case

Richard S. Myers argued the cause and filed the briefs for appellant/petitioner.

Stewart A. Block, Counsel, Federal Communications Commission, argued the cause for appellee/respondents. With him on the brief were Jane E. Mago, General Counsel, Daniel M. Armstrong, Associate General Counsel, Catherine G. O'Sullivan and Andrea Limmer, Attorneys, U.S. Department of Justice.

Before: GINSBURG, Chief Judge, HENDERSON, Circuit Judge, and WILLIAMS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 10, 2002.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

In 1994 the Federal Communications Commission auctioned off a group of Interactive Video and Data Service ("IVDS") licenses. In 1997 it changed the rules governing grace periods for winning bidders who made late installment payments. Celtronix, a winning bidder for such a license, alleges...

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