COUNCIL TREE INVESTORS, INC. v. FCC

No. 15-3754.

863 F.3d 237 (2017)

COUNCIL TREE INVESTORS, INC., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents.

United States Court of Appeals, Third Circuit.

Filed: July 13, 2017.


Attorney(s) appearing for the Case

Kevin Russell [Argued], Goldstein & Russell, 7475 Wisconsin Avenue, Suite 850, Bethesda, MD 20814, Attorney for Petitioner.

Jacob M. Lewis , Clifford G. Pash, Jr. [Argued], Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554, Attorneys for Respondent Federal Communications Commission.

Robert B. Nicholson , Robert J. Wiggers , United States Department of Justice, Appellate Section, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, Attorneys for Respondent United States of America.

Carl W. Northrop , Telecommunications Law Professionals, 1025 Connecticut Avenue, N.W., Suite 1011, Washington, DC 20036, Attorney for Amicus Petitioners.

Before: SMITH, Chief Judge, HARDIMAN, and KRAUSE, Circuit Judges.


OPINION OF THE COURT

This case involves the regulation of electromagnetic spectrum by the Federal Communications Commission. In 1993, Congress amended the Communications Act of 1934, 47 U.S.C. §§ 151-622, to allow the FCC to grant spectrum licenses through a system of competitive bidding. 47 U.S.C. &...

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