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SIOUX VALLEY RURAL TELEVISION, INC. v. F.C.C.

Nos. 02-1208, 02-1269.

349 F.3d 667 (2003)

SIOUX VALLEY RURAL TELEVISION, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided November 21, 2003.

Attorney(s) appearing for the Case

Richard S. Myers argued the cause for petitioners.

Stewart A. Block, Counsel, Federal Communications Commission ("FCC"), argued the cause for respondents. With him on the brief were Jane E. Mago, General Counsel, FCC, and John E. Ingle, Deputy Associate General Counsel, FCC, R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, and Robert B. Nicholson and Robert Wiggers, Attorneys, U.S. Department of Justice.

Before: HENDERSON, TATEL, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

On July 28 and 29, 1994, the Federal Communications Commission auctioned licenses for a slender band of spectrum known as the Interactive Video and Data Services (IVDS) spectrum (Auction No. 2). The IVDS spectrum consists of two 500 kilohertz channels — 218.0-218.5 MHz and 218.5-219.0 MHz — and Auction No. 2 distributed one license for each channel in 297 Metropolitan...

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