United States DC Circuit

An FCC order allowing new applicants to apply for certain cellular telephone licenses properly interpreted a provision of the Balanced Budget Act of 1997, and the FCC did not act in an arbitrary and capricious manner in applying the public interest standard.

Appellate Information

• Argued 03/11/2003
• Decided 07/01/2003
• Published 07/01/2003

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Donald J. Evans argued the cause and filed the briefs for petitioners.


• For Appellees:
  
• Stanley R. Scheiner, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were R. Hewitt Pate, Acting Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan, Chief Counsel, Andrea Limmer, Attorney, John A. Rogovin, Deputy General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel.  Pamela L. Smith, Counsel, entered an appearance.