At&T Wireless Services, Inc. v. Federal Communications Commission

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 conclusion that AirCell’s system was unlikely to harmfully interfere with the rights of ground-based cellular telephone providers, specifically -so that the Commission could explain its choice…