United States DC Circuit

Disappointed bidder in FCC's original auction of PCS licenses can petition for review of new financing rules, but although changes to the agency's new rules are retroactive, the FCC had adequate reasons to adopt them, and used its authority reasonably.

Appellate Information

• Decided 11/21/2000
• Published 11/21/2000

Judges

• Before:  EDWARDS, Chief Judge, GINSBURG and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert A. Long, Jr. argued the cause for petitioners.   With him on the briefs was Andrew J. Heimert., Ian Heath Gershengorn argued the cause for intervenor NextWave Telecom Inc.   With him on the brief was Donald B. Verrilli, Jr.  David A. LaFuria and Thomas Gutierrez entered appearances.


• For Appellees:
  
• Stanley R. Scheiner, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Christopher J. Wright, General Counsel, Daniel M. Armstrong, Associate General Counsel, Joel I. Klein, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan, and Andrea Limmer, Attorneys.  John E. Ingle, Deputy Associate General Counsel, and James M. Carr, Counsel, Federal Communications Commission, entered appearances.