SNR WIRELESS LICENSECO, LLC v. FCC

No. 15-1330, Consolidated with 15-1331, 15-1332, 15-1333.

868 F.3d 1021 (2017)

SNR WIRELESS LICENSECO, LLC, Appellant v. FEDERAL COMMUNICATIONS COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided August 29, 2017.


Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for appellants. With her on the briefs were Christopher J. Wright , Timothy J. Simeone , Elizabeth Austin Bonner , Paul J. Caritj , Ari Q. Fitzgerald , and R. Craig Kitchen . Mark F. Dever , Washington, DC, Dorothy A. Hickok , Alfred W. Putnam Jr. , Philadelphia, PA, and Mark H. Sosnowsky , Washington, DC, entered appearances.

Harold J. Feld , Washington, DC, was on the brief for amicus curiae Public Knowledge in support of petitioner-appellants.

Lawrence Spiwak was on the brief for amicus curiae Phoenix Center for Advanced Legal and Economic Public Policy Studies in support of petitioners-appellants.

Maureen K. Flood , Counsel, Federal Communications Commission, argued the cause for appellee. With her on the brief were William J. Baer , Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers , Attorneys, Jonathan B. Sallet , General Counsel, Federal Communications Commission, and Jacob M. Lewis , Associate General Counsel. David M. Gossett , Deputy General Counsel, and Richard K. Welch , Deputy Associate General Counsel, entered appearances.

Before: Brown and Pillard, Circuit Judges, and Williams, Senior Circuit Judge.


Petitioners SNR Wireless LicenseCo, LLC (SNR) and Northstar Wireless, LLC (Northstar) are two nascent companies that took action to acquire the wireless spectrum needed to sell wireless internet or phone services to customers around the country. Because of the high cost of providing wireless services, petitioners borrowed...

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