Graceba Total Communications, Inc. v. Federal Communications Commission and United States of America, Ad Hoc Ivds Coalition, Intervenors

Opinion for the Court by Circuit Judge TATEL.

TATEL, Circuit Judge:

Graceba Total Communications, Inc., petitions for review of a Federal Communications Commission order rejecting, among other claims, the company’s constitutional challenge to a minority and gender preference rule employed in a license auction. Finding that the Commission erred in determining that Graeeba’s challenge to the rule was untimely, we remand the constitutional claim for further consideration.

I

In July 1994, the Federal Communications Commission conducted a live, open-outcry auction of licenses to provide interactive…