Fresno Mobile Radio, Inc. v. Federal Communications Commission

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

Before us are petitions for review of two Federal Communications Commission rules creating a new class of radio spectrum licenses for bandwidth in the 800 MHz range. Petitioner Southern Company, which holds numerous licenses in that range, asserts that the rules violate a recently-enacted statute that requires the agency to treat all similarly situated commercial licensees comparably. Petitioners Fresno Mobile Radio, et al, and SMR WON, a trade association of incumbent licensees in the 800 MHz range contend that the…