COUNCIL TREE COMMUNICATIONS, INC. v. F.C.C.

No. 06-2943.

503 F.3d 284 (2007)

COUNCIL TREE COMMUNICATIONS, INC.; Bethel Native Corporation; The Minority Media and Telecommunications Council, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents CTIA-Wireless Association and T-Mobile USA, Inc., Intervenor.

United States Court of Appeals, Third Circuit.

Filed: September 28, 2007.


Attorney(s) appearing for the Case

Dennis P. Corbett, Esq. (Argued), S. Jenell Trigg, Esq., Leventhal, Senter & Lerman, Washington, DC, Attorneys for Petitioners.

Joseph R. Palmore, Esq. (Argued), Samuel L. Feder, Esq., Laurence N. Bourne, Esq., Federal Communications Commission, Office of General Counsel, Washington, DC, Robert B. Nicholson, Esq., Robert J. Wiggers, Esq., United States Department of Justice, Appellate Section, Washington DC, Attorneys for Respondents.

William T. Lake, Esq. (Argued), Wilmer Cutler Pickering Hale & Dorr, Washington, DC, Ian H. Gershengorn, Esq., Jenner & Block, Washington DC, Attorneys for Intervenors.

Before: CHAGARES, HARDIMAN and TASHIMA, Circuit Judges.


OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This case involves a challenge to two orders of the Federal Communications Commission (FCC) enacting new rules regarding competitive bidding for wireless communications spectrum licenses. Petitioners assert that the new rules are invalid and that an auction conducted pursuant to those rules must be nullified. For the reasons that follow, the petition for review must be dismissed because it is incurably premature...

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