McElroy Electronics Corporation v. Federal Communications Commission, Metro Mobile Cts of Phoenix, Inc., Intervenors

ROGERS, Circuit Judge:

In McElroy Electronics Corp. v. FCC, 990 F.2d 1351 (D.C.Cir.1993) (“McElroy F), the court ordered the Federal Communications Commission (“Commission”) to reinstate nunc pro tunc appellants’ applications for licenses to provide cellular telephone service in Los Angeles and Minneapolis. Two years later, the Commission decided that the reinstated applicants would have to enter a lottery with as many as 500 other applicants for the same licenses. Because the record demonstrates that other applicants had fair notice of a sixty-day deadline for filing competing applications,…