· 7/14/2006
Mobile Relay Associates v. Federal Communications Commission
Citations
- 372 U.S. App. D.C. 355
- 457 F.3d 1
- 38 Communications Reg. (P&F) 1304
- 2006 U.S. App. LEXIS 17685
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- argument that RO failed to address all claims presented is properly brought as request for revision on the basis of CUE
- “We uphold the Commission if it makes a technical judgment that is supported with even a modicum of reasoned analysis, absent highly persuasive evidence to the contrary.” (cleaned up)
- reject- ing takings claim because the spectrum-use right given by a license under 47 U.S.C. § 301 “does not constitute a prop- erty interest protected by the Fifth Amendment”
- “the requirement that Nextel be a ‘direct’ and ‘current’ competitor of [plaintiffs] is likely met” but plaintiffs “lack competitor standing . . . because they have failed to make a concrete showing that they are likely to suffer financial injury”
- “Retroactive rules ‘alter[ ] the past legal consequences of past actions.’ ” (alteration and emphasis in original) (quoting Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 219, 109 S.Ct. 468, 102 L.Ed.2d 493 (1988) (Scalia, J., concurring))
- A “promissory note is self- authenticating evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sentelle, Henderson, Tatel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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