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KAY v. F.C.C.

No. 04-1014.

393 F.3d 1339 (2005)

James A. KAY, Jr., Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2005.

Attorney(s) appearing for the Case

Robert J. Keller argued the cause for the appellant.

Gregory M. Christopher, 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 for the appellee.

Roberta L. Cook, Counsel, Federal Communications Commission, entered an appearance.

Before: EDWARDS, HENDERSON and GARLAND, Circuit Judges.

KAREN LECRAFT HENDERSON, Circuit Judge.

James Kay (Kay) appeals an order of the Federal Communications Commission (Commission) denying his application for review of the decision of the Commission's Wireless Telecommunications Bureau (Bureau) finding untimely the "finder's preference" request Kay filed involving Specialized Mobile Radio Systems (SMR) station WNPA325. He brings a two-fold challenge to the Commission's order under the Administrative Procedure Act (APA...

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