M2Z NETWORKS, INCORPORATED, Appellant
v.
FEDERAL COMMUNICATIONS COMMISSION, Appellee
Netfreeus, LLC, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
March 10, 2009.
March 10, 2009.
Attorney(s) appearing for the Case
Viet D. Dinh argued the cause for appellant/petitioner. With him on the briefs was Perry O. Barber.
Stephen G. Kraskin and David Honig were on the brief for amici curiae Minority Media and Telecommunications Council and Broadband Wireless Partners in support of petitioner.
Darius B. Withers, Michael R. Gardner, and John T. Delacourt were on the brief for amici curiae College Parents of America, et al. in support of petitioner.
Joel Marcus, Counsel, Federal Communications Commission, argued the cause for appellee/respondents. On the brief were Thomas O. Barnett, Assistant Attorney General, United States of America, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, and James M. Carr, Counsel. Laurence N. Bourne, Counsel, Federal Communications Commission, entered an appearance.
Jonathan E. Allen, Joe D. Edge, Jeffrey J. Lopez, and Christopher C. Sabis were on the brief for intervenors NetfreeUS, LLC and Open Range Communications, Inc.
Michael F. Altschul, Ian Heath Gershengorn, and Elaine J. Goldenberg were on the brief for intervenor for appellee CTIA— The Wireless Association. Donald B. Verrilli Jr. entered an appearance.
Opinion for the Court filed by Chief Judge SENTELLE.
United States Court of Appeals, District of Columbia Circuit.
SENTELLE, Chief Judge:
In this consolidated proceeding, M2Z Networks, Inc. (M2Z) challenges two related decisions of the Federal Communications Commission (FCC or Commission). First, it appeals the dismissal of its application for a nationwide, 15-year exclusive license to the 2155-2175 megahertz (MHz) spectrum to provide wireless broadband Internet access. Second, it petitions for review of the denial of its petition for forbearance on that application. Despite the...
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