AT&T WIRELESS SERVICES, INC., et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
AirCell, Inc., Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued March 15, 2004.
Decided May 4, 2004.
Attorney(s) appearing for the Case
L. Andrew Tollin argued the cause for petitioners. With him on the briefs were Michael Deuel Sullivan, Douglas I. Brandon, Carol L. Tacker, and John T. Scott III.
Roberta L. Cook, Counsel, Federal Communications Commission, argued the cause for respondents. With her on the brief were Robert H. Pate III, Assistant Attorney General, Robert B. Nicholson and Robert J. Wiggers, Attorneys, John A. Rogovin, General Counsel, Federal Communications Commission, and Daniel M. Armstrong, Associate General Counsel.
Michele C. Farquhar, Jonathan S. Franklin, and Lorane F. Hebert were on the brief for intervenor.
Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
In AT&T Wireless Services v. FCC,270 F.3d 959 (D.C.Cir.2001) ("AirCell I"), the court denied all challenges except one to an order of the Federal Communications Commission granting AirCell, Inc., a waiver to operate an aircraft-based analog cellular telephone system. The court remanded to the Commission for an explanation of its...
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