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GLOBALSTAR, INC. v. F.C.C.

No. 08-1046.

564 F.3d 476 (2009)

GLOBALSTAR, INC., Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Iridium Satellite LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 1, 2009.

Attorney(s) appearing for the Case

William T. Lake argued the cause for petitioner. With him on the briefs were William F. Adler, Meredith B. Halama, and Samir C. Jain.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, and Richard K. Welch, Acting Deputy Associate General Counsel. Daniel M. Armstrong, Associate General Counsel, entered an appearance.

Joshua S. Turner argued the cause for intervenor Iridium Satellite LLC. With him on the brief were R. Michael Senkowski, Andrew G. McBride, and Elbert Lin.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

In 2003, the Federal Communications Commission ("FCC" or "the Commission") issued a Notice of Proposed Rulemaking that sought proposals to reassign a portion of the 33 MHz of spectrum used by mobile satellite services ("MSS"). See Review of the Spectrum Sharing Plan Among Non-Geostationary Satellite Orbit Mobile Satellite Service Systems in the 1.6/2.4 GHz Bands, Notice of Proposed Rulemaking, 18 F.C.C.R.1962, 2087-92 (2003) ...

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