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AMERICAN ASS'N OF PAGING CARRIERS v. F.C.C.

No. 04-1359.

442 F.3d 751 (2006)

AMERICAN ASSOCIATION OF PAGING CARRIERS, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 2006.

Attorney(s) appearing for the Case

Kenneth E. Hardman argued the cause for the petitioner.

C. Grey Pash, Jr., Counsel, Federal Communications Commission, argued the cause for the respondent. Robert H. Pate, III, Assistant Attorney General, Catherine G. O'Sullivan, Counsel, and Andrea Limmer, Attorney, United States Department of Justice, and Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission were on brief. John A. Rogovin and Roberta L. Cook, Counsel, Federal Communications Commission, entered appearances.

Before: HENDERSON, GARLAND and GRIFFITH, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

The American Association of Paging Carriers (AAPC), a trade association representing paging signal carrier companies, seeks review of the September 2004 Memorandum Opinion and Order of the Federal Communications Commission (FCC or Commission) in Amendment of Part 90 of the Commission's Rules and Policies for Applications and Licensing of Low Power Operations...

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