United States DC Circuit

Petition for review of an FCC order reassigning a block of electromagnetic spectrum to a competitor is denied, where Petitioner waived its inadequate-notice claim by failing to raise it with the FCC, and the reassignment was the product of reasoned decisionmaking.

Appellate Information

• Argued 02/17/2009
• Decided 05/01/2009
• Published 05/01/2009

Judges

• Before: SENTELLE, Chief Judge, GARLAND, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William T. Lake argued the cause for petitioner.   With him on the briefs were William F. Adler, Meredith B. Halama, and Samir C. Jain., Joshua S. Turner argued the cause for intervenor Iridium Satellite LLC. With him on the brief were R. Michael Senkowski, Andrew G. McBride, and Elbert Lin.


• For Appellees:
  
• Joel Marcus, Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the brief were Thomas O. Barnett, Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys, Matthew B. Berry, General Counsel, Federal Communications Commission, Joseph R. Palmore, Deputy General Counsel, and Richard K. Welch, Acting Deputy Associate General Counsel.   Daniel M. Armstrong, Associate General Counsel, entered an appearance.