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RANGER CELLULAR v. F.C.C.

No. 02-1093.

333 F.3d 255 (2003)

RANGER CELLULAR and Miller Communications, Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2003.

Attorney(s) appearing for the Case

Donald J. Evans argued the cause and filed the briefs for petitioners.

Stanley R. Scheiner, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan, Chief Counsel, Andrea Limmer, Attorney, John A. Rogovin, Deputy General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel. Pamela L. Smith, Counsel, entered an appearance.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Ranger Cellular and Miller Communications, Inc. (sometimes hereinafter referred to collectively as Ranger) petition for review of an order in which the Federal Communications Commission interpreted a provision in the Balanced Budget Act of 1997, Pub.L. No. 105-33, 111 Stat. 251, 47 U.S.C. § 309(l), to allow new applicants to apply for certain cellular telephone licenses...

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