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CALIFORNIA METRO MOBILE COMMUNICATIONS v. F.C.C.

No. 02-1370.

365 F.3d 38 (2004)

CALIFORNIA METRO MOBILE COMMUNICATIONS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 23, 2004.

Attorney(s) appearing for the Case

Christopher D. Imlay argued the cause for the appellant.

Pamela L. Smith, Counsel, Federal Communications Commission, argued the cause for the appellee. John A. Rogovin, General Counsel, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission were on brief. Jane E. Mago, Assistant General Counsel, Federal Communications Commission, entered an appearance.

Before: SENTELLE, HENDERSON and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

California Metro Mobile Communications, Inc. (CMMC) appeals the Federal Communications Commission's (Commission's) order denying review of the decision of its Public Safety and Private Wireless Division to modify CMMC's trunked radio station by removing one frequency. CMMC first contends that the Commission lacks authority under the Communications Act of 1934 (Communications...

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