United States DC Circuit

Petitioner's petition for review of the FCC's denial of its application for an exclusive license to a certain spectrum is denied where, the FCC having given sufficient reasons, nothing in 47 U.S.C. section 157 prevented the FCC from deciding that Petitioner's proposal was not in the public interest.

Appellate Information

• Decided 03/10/2009
• Published 03/10/2009

Judges

• Before:  SENTELLE, Chief Judge, and ROGERS and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Viet D. Dinh argued the cause for appellant/petitioner.   With him on the briefs was Perry O. Barber., Stephen G. Kraskin and David Honig were on the brief for amici curiae Minority Media and Telecommunications Council and Broadband Wireless Partners in support of petitioner., Darius B. Withers, Michael R. Gardner, and John T. Delacourt were on the brief for amici curiae College Parents of America, et al. in support of petitioner., Jonathan E. Allen, Joe D. Edge, Jeffrey J. Lopez, and Christopher C. Sabis were on the brief for intervenors NetfreeUS, LLC and Open Range Communications, Inc.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for appellee/respondents.   On the brief were Thomas O. Barnett, Assistant Attorney General, United States of America, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, Daniel M. Armstrong, Associate General Counsel, and James M. Carr, Counsel.  Laurence N. Bourne, Counsel, Federal Communications Commission, entered an appearance., Michael F. Altschul, Ian Heath Gershengorn, and Elaine J. Goldenberg were on the brief for intervenor for appellee CTIA-The Wireless Association.   Donald B. Verrilli Jr. entered an appearance.