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BACHOW COMMUNICATIONS, INC. v. F.C.C.

Nos. 99-1346, 99-1347, 99-1360 to 99-1365, 99-1391 to 99-1394 and 99-1533.

237 F.3d 683 (2001)

BACHOW COMMUNICATIONS, INC., et al., Appellants/Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Appellees/Respondents. Columbia Millimeter Communications, L.P., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 6, 2001.

Attorney(s) appearing for the Case

Robert L. Corn-Revere argued the cause for appellants/petitioners. With him on the briefs were Catherine E. Stetson, Walter H. Sonnenfeldt, Robert J. Keller, Thomas J. Dougherty, Jr., Christa M. Parker, Louis Gurman, and E. Ashton Johnston. Doane F. Kiechel III entered an appearance.

Pamela L. Smith, Counsel, Federal Communications Commission, argued the cause for appellees/respondents. With her on the briefs were Christopher J. Wright, General Counsel, Daniel M. Armstrong, Associate General Counsel, Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Andrea Limmer, Attorneys. Roberta L. Cook, Counsel, entered an appearance for appellee Federal Communications Commission.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The issues in these consolidated cases center on the Federal Communications Commission's conversion of its system for awarding licenses in the 39 GHz (gigahertz) band from a comparative application process to a public auction. The 39 GHz band, comprising the 38.6 to 40.0 GHz frequencies on the electromagnetic spectrum, appears to have attracted little commercial interest until...

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