UNITED KEETOOWAH BAND OF CHEROKEE INDIANS v. FCC

No. 18-1129 Consolidated with 18-1135, 18-1148, 18-1159, 18-1184.

933 F.3d 728 (2019)

UNITED KEETOOWAH BAND OF CHEROKEE INDIANS IN OKLAHOMA, Individually and on Behalf of All Other Native American Indian Tribes and Tribal Organizations, et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents National Association Of Tribal Historic Preservation Officers, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 2019.


Attorney(s) appearing for the Case

Stephen Díaz Gavin argued the cause for petitioners United Keetoowah Band of Cherokee Indians in Oklahoma, et al., and supporting intervenors. With him on the briefs were J. Scott Sypolt , Joel D. Bertocchi , Chicago, IL, Joseph H. Webster , F. Michael Willis , Andrew Jay Schwartzman , Washington, DC, James T. Graves , and Elizabeth S. Merritt , Washington, DC. Angela J. Campbell entered an appearance.

Sharon Buccino , Washington, DC, argued the cause for petitioner Natural Resources Defense Council and intervenor Edward B. Myers. With her on the briefs was Edward B. Myers .

Natalie A. Landreth , Anchorage, AK, argued the cause for petitioners Blackfeet Tribe, et al. With her on the briefs were Wesley J. Furlong , Joel West Williams , Troy A. Eid , Jennifer H. Weddle , and Heather D. Thompson , Denver, CO.

Jacob M. Lewis , Associate General Counsel, Federal Communications Commission, argued the cause for respondents. With him on the brief were Jeffrey Bossert Clark , Assistant Attorney General, U.S. Department of Justice, Eric A. Grant , Deputy Assistant Attorney General, Andrew C. Mergen and Allen M. Brabender , Attorneys, Thomas M. Johnson Jr ., General Counsel, Federal Communications Commission, David M. Gossett , Deputy General Counsel, and C. Grey Pash Jr ., Counsel. Jonathan H. Laskin and Robert B. Nicholson , Attorneys, U.S. Department of Justice, and Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, entered appearances.

Joshua Turner argued the cause for intervenors in support of respondents. With him on the brief were Christopher J. Wright and E. Austin Bonner .

Before: Tatel and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.


Cellular wireless services, including telephone and other forms of wireless data transmission, depend on facilities that transmit their radio signals on bands of electromagnetic spectrum. The Federal Communications Commission (FCC or Commission) has exclusive control over the spectrum, and wireless providers must obtain licenses...

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