Gencom Incorporated v. Federal Communications Commission, Metro Mobile Cts of Phoenix, Inc., Intervenor

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

This case arises from a decision by the Federal Communications Commission (“FCC” or “Commission”) to grant the application of Metro Mobile CTS of Phoenix, Inc. (“Metro Mobile”) for a permit to establish a new cellular radio communications system and to deny the mutually exclusive application of Gencom, Inc. (“Gencom”). In its petition for review, Gencom attacks the FCC’s determination on a variety of both procedural and substantive grounds. First, Gencom claims that the Commission erred in refusing to grant its request for…