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NATIONAL SCIENCE AND TECHNOLOGY NETWORK v. F.C.C.

No. 03-1376.

397 F.3d 1013 (2005)

NATIONAL SCIENCE AND TECHNOLOGY NETWORK, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. Mobile Relay Associates, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 2005.

Attorney(s) appearing for the Case

Kenneth E. Hardman argued the cause for appellant. On the briefs was Alan M. Lurya.

Pamela L. Smith, Counsel, Federal Communications Commission, argued the cause for appellee. With her on the brief were John A. Rogovin, General Counsel, and Daniel M. Armstrong, Associate General Counsel.

David J. Kaufman was on the brief for intervenor.

Before: GINSBURG, Chief Judge, and HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

Appellant National Science and Technology Network, Inc. ("NSTN") applied for nine private land mobile radio licenses, which the Federal Communications Commission granted in the spring of 2000. Mobile Relay Associates ("MRA"), an intervenor in the proceedings before this court, challenged these licenses shortly after they issued. On October 19, 2001, more than eighteen months after...

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