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BDPCS, INC. v. F.C.C.

No. 00-1369.

351 F.3d 1177 (2003)

BDPCS, Inc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2003.

Attorney(s) appearing for the Case

Jane Michaels argued the cause for petitioner. With her on the briefs were Elizabeth A. Phelan, Michael D. Hays, Christina H. Burrow, and Stuart M. Gerson.

Stanley R. Scheiner, Counsel, Federal Communications Commission (FCC), argued the cause for respondents. With him on the brief were John A. Rogovin, General Counsel, FCC, and Daniel M. Armstrong, Associate General Counsel, FCC, Peter D. Keisler, Assistant Attorney General, U.S. Department of Justice, and Thomas M. Bondy and H. Thomas Byron, III, Attorneys, U.S. Department of Justice.

Before: RANDOLPH and ROBERTS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

Petitioner BDPCS, Inc. was the high bidder on several licenses in a Federal Communications Commission spectrum auction, but, at the appointed hour, was unable to make the required down payments. The Commission's Wireless Telecommunications Bureau promptly declared BDPCS to have defaulted on the licenses, set them for reauction, and, consistent with FCC auction rules, assessed a default...

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