NORTHSTAR WIRELESS, LLC v. FEDERAL COMMC'NS COMM'N

No. 18-1209 Consolidated with 18-1210, 20-1507, 20-1508.

38 F.4th 190 (2022)

NORTHSTAR WIRELESS, LLC and SNR Wireless LicenseCo, LLC, Petitioners v. FEDERAL COMMUNICATIONS COMMISSION, Respondent. T-Mobile USA, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 2022.


Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for petitioners. With her on the briefs were Christopher J. Wright , Timothy J. Simeon , Daniel Tingley , Ari Q. Fitzgerald , and Michael J. West .

Bryan N. Tramont and Jennifer B. Tatel were on the briefs for intervenor DISH Network Corporation in support of petitioners. Joseph W. Lindsay entered an appearance.

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

Maureen K. Flood , Counsel, Federal Communications Commission, argued the cause for respondent. With her on the brief were Robert B. Nicholson and Robert J. Wiggers , Attorneys, U.S. Department of Justice, and Jacob M. Lewis , Associate General Counsel, Federal Communications Commission. Richard K. Welch , Deputy Associate General Counsel, entered an appearance.

James P. Young , C. Frederick Beckner III , Christopher T. Shenk , Alice A. Wang , Russell H. Fox , Robert G. Kidwell , Bennett L. Ross , and Jeremy J. Broggi were on the brief for intervenors AT&T Services, Inc., et al. in support of respondents. Helgi C. Walker entered an appearance.

Before: Millett and Jackson, Circuit Judges, and Edwards, Senior Circuit Judge.


In late 2014 and early 2015, petitioners Northstar Wireless, LLC ("Northstar"), and SNR Wireless LicenseCo, LLC ("SNR") placed more than $13 billion in winning bids at a Federal Communications Commission auction to license wireless spectrum. Because both Northstar and SNR were brand new companies with virtually no revenue...

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