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FREE ACCESS & BROADCAST TELEMEDIA, LLC v. FCC

No. 16-1100.

865 F.3d 615 (2017)

FREE ACCESS & BROADCAST TELEMEDIA, LLC, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2017.

Attorney(s) appearing for the Case

Glenn B. Manishin , Warrenton, VA argued the cause for petitioners. With him on the briefs were A. Wray Fitch III , George R. Grange II , McLean, VA and Robert Olender , Bethesda, MD. Adam J. White , Washington, DC entered an appearance.

William J. Scher , Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Robert B. Nicholson and Robert J. Wiggers , Attorneys, U.S. Department of Justice, Howard J. Symons , General Counsel at the time the brief was filed, David M. Gossett , Deputy General Counsel, and Jacob M. Lewis , Associate General Counsel. Richard K. Welch , Deputy Associate General Counsel, and Thaila Sundaresan , Counsel, Federal Communications Commission, entered appearances.

Before: Henderson, Griffith, and Srinivasan, Circuit Judges.

In 2014, the Federal Communications Commission adopted procedures for an auction designed to make more room on the electromagnetic spectrum for mobile broadband (wireless network) providers. In an earlier decision, we upheld the 2014 order creating these procedures. Petitioners now attack two related but more recent orders...

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