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HIGH PLAINS WIRELESS, L.P. v. F.C.C.

No. 00-1292.

276 F.3d 599 (2002)

HIGH PLAINS WIRELESS, L.P., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Digital PCS, LLC and Tritel Communications, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2002.

Attorney(s) appearing for the Case

Eliot J. Greenwald argued the cause and filed the briefs for appellant.

Stanley Scheiner, Counsel, Federal Communications Commission, argued the cause for appellee. With him on the brief were Jane E. Mago, General Counsel, Daniel M. Armstrong, Associate General Counsel, and Thomas Chandler, Counsel.

Thomas Gutierrez argued the cause for intervenors Digital PCS, LLC and Tritel Communications, Inc. With him on the joint brief was Russell D. Lukas.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

High Plains Wireless, L.P. appeals an order of the Federal Communications Commission awarding 32 licenses to Mercury PCS II, LLC, now called Tritel Communications, Inc. High Plains and Mercury both bid at an auction conducted by the Commission for licenses to provide personal communications services (PCS). See Mercury PCS II, LLC, 15 F.C.C.R. 9654, 2000 WL 708679 (2000) (

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