Northeast Cellular Telephone Company, L.P. v. Federal Communications Commission

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This case presents a procedural challenge to an FCC order granting a license to a cellular radio lottery winner, Portland Cellular Partnership (“Port Cell”). The los ers in that lottery, Northeast Cellular Telephone Co. (“Northeast”) and Saco River Cellular, Inc. (“Saco River”), claim that the FCC arbitrarily and capriciously waived the requirement that lottery winners establish their financial qualifications within 30 days of having been selected. We hold that the FCC’s waiver decision was arbitrary and capricious…