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MAKO COMMUNICATIONS, LLC v. FCC

No. 15-1264 Consolidated with 15-1280.

835 F.3d 146 (2016)

MAKO COMMUNICATIONS, LLC, Petitioner v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents Free Access & Broadcast Telemedia, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 30, 2016.

Attorney(s) appearing for the Case

R. Scott Caulkins , Arlington, VA, argued the cause for petitioners. With him on the briefs were Aaron P. Shainis , Lee J. Peltzman , Washington, DC, and W. James Mac Naughton , Newton, NJ.

Jacob M. Lewis , Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert J. Wiggers and Kristen C. Limarzi , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and Thaila K. Sundaresan , Counsel. Robert B. Nicholson , Attorney, U.S. Department of Justice, Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, and Scott M. Noveck , Counsel, entered appearances.

Before: Griffith and Srinivasan, Circuit Judges, and Sentelle, Senior Circuit Judge.

In 2012, Congress enacted the Spectrum Act. The Act responds to the rapidly growing demand for mobile broadband services by granting the Federal Communications Commission authority to reallocate a portion of the licensed airwaves from television broadcasters to mobile broadband providers....

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