No. 01-657 Status: DECIDED
Title: Arctic Slope Regional Corporation, et al., Petitioners
v.
NextWave Personal Communications Inc., et al.
Docketed:          Lower Ct: United States Court of Appeals for the District of Columbia Circuit
October 22, 2001 (00-1402;-1403)

~~Date~~~~~~    ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Sep 10 2001Application (A01-238) to extend the time to file a petition for a writ
of certiorari from September 20, 2001 to September 28, 2001,
submitted to The Chief Justice.
Sep 13 2001 Application (A01-238) granted by the Chief Justice extending the
time to file until October 19, 2001.
Oct 19 2001Petition for writ of certiorari filed. (Response due February 1, 2002)
Nov 8 2001Waiver of right of respondent Cellco Partnership to respond filed.
Nov 15 2001 Order extending time to file response to petition until January
18, 2002.
Nov 15 2001 This extension of time is granted for all respondents.
Nov 16 2001Waiver of right of respondent Sprint Spectrum L.P. to respond filed.
VIDED.
Jan 3 2002 Application (A01-480) for leave to file a consolidated brief in
opposition in excess of the page limitations submitted to the
Chief Justice.
Jan 7 2002 Application (A01-480) denied by the Chief Justice.
Jan 14 2002 Order further extending time to file response to petition until
February 1, 2002.
Feb 1 2002Brief of respondents NextWave Personal Communications Inc., et al. in
opposition filed. VIDED.
Feb 12 2002Reply brief of petitioners Arctic Slope Corp., et al. filed. VIDED.
Feb 13 2002 DISTRIBUTED for Conference of March 1, 2002
Mar 4 2002 Petition GRANTED. The cases are consolidated and a total of one
hour is allotted for oral argument.
SET FOR ARGUMENT October 8, 2002.
********************************************************
Apr 8 2002 Order extending time to file the joint appendix and the
government's brief on the merits to and including May 6, 2002.
Order extending time to file respondents' brief on the merits to
and including June 21, 2002.
May 6 2002Joint appendix filed. VIDED.
May 6 2002Brief of petitioner Federal Communications Commission filed. VIDED.
May 6 2002Brief of petitioners Arctic Slope Corporation, et al. filed. VIDED.
Jun 18 2002 Consent to the filing of amicus briefs received from counsel for
the respondents. VIDED.
Jun 21 2002Brief amici curiae of Patrick Leahy, et al. filed. VIDED.
Jun 21 2002Brief of respondents NextWave Personal Communications Inc. and
NextWave Power filed. VIDED.
Jun 21 2002 LODGING consisting of twenty copies of two large bound volumes of
material received from counsel for the respondent. VIDED.
Jun 21 2002Brief amicus curiae of Creditors of NextWave Personal Communications,
Inc. filed. VIDED.
Jun 21 2002 Motion of Creditors of NextWave Personal Communications, Inc. for
leave to participate in oral argument as amici curiae and for
divided argument filed.
Jun 21 2002Brief amici curiae of Urban Comm-North Carolina, Inc., et al. filed.
VIDED.
Jun 21 2002Brief amicus curiae of Airadigm Communications, Inc. filed. VIDED.
Jun 21 2002Brief amicus curiae of Kathryn R. Heidt filed. VIDED.
Jun 25 2002 Motion of the Acting Solicitor General for divided argument filed.
Jun 28 2002 Motion of the Acting Solicitor General for divided argument
GRANTED.
Jun 28 2002 Motion of Creditors of NextWave Personal Communications, Inc. for
leave to participate in oral argument as amici curiae and for
divided argument GRANTED.
Jul 5 2002 Application (A02-30) for an extension of time within which to file
petitioners' reply briefs on the merits, submitted to the Chief
Justice.
Jul 12 2002
Application (A02-30) granted by the Chief Justice extending the
time to file unitl August 12, 2002.
Jul 23 2002 CIRCULATED.
Aug 12 2002Reply brief of petitioner Federal Communications Commission filed.
VIDED.
Aug 12 2002Reply brief of petitioners Arctic Slope Corporation, et al. filed.
VIDED.
Aug 15 2002 Record filed.
Sep 13 2002 Letter with attached FCC Public Notice received from the Solicitor
General. DISTRIBUTED.
Sep 20 2002 Motion of respondents NextWave Personal Communications, et al. for
leave to file supplemental appendix filed.
Sep 20 2002Supplemental brief of respondents NextWave Personal Communications,
Inc., et al. filed. VIDED.
Sep 26 2002Opposition of FCC to motion of respondents NextWave Personal
Communications, et al. filed.
Sep 26 2002Opposition of Arctic Slope Regional Corporation, et al. to motion of
respondents NextWave Personal Communications, et al. filed.
Sep 30 2002Supplemental brief of petitioner Federal Communications Commission
filed. VIDED.
Sep 30 2002Supplemental brief of petitioners Arctic Slope Regional Corporation,
et al. filed. VIDED.
Oct 1 2002 Motion of respondents NextWave Personal Communications, et al. for
leave to file supplemental appendix DENIED.
Oct 1 2002 LODGING consisting of forty bound copies of a supplemental
appendix received from counsel for respondents.VIDED.
Oct 8 2002 ARGUED.
Nov 19 2002 Letter and attachment received from the Acting Solicitor General
received and distributed. VIDED.
Jan 27 2003 Adjudged to be AFFIRMED. Scalia, J., delivered the opinion of the
Court, in which Rehnquist, C.J., and O'Connor, Kennedy, Souter,
Thomas, and Ginsburg, JJ., joined, and in which Stevens, J.,
joined as to Parts I and II. Stevens, J., filed an opinion
concurring in part and concurring in the judgment. Breyer, J.,
filed a dissenting opinion.
Feb 26 2003 JUDGMENT ISSUED.
 

~~Name~~~~~~~~~~~~~~~~~~~~~    ~~~~~~~Address~~~~~~~~~~~~~~~~~~   ~~Phone~~~
Attorneys for Petitioner:
Jonathan Saul Franklin Hogan & Hartson 2026375766
555 13th Street, N.W.
Washington, DC 20004
Party name: Arctic Slope Corp., et al.
 
Attorneys for Respondent:
Solicitor General U.S. Department of Justice
Washington, DC 20530
Party name: FCC and United States
 
Michael F. Altschul 1250 Connecticut Avenue, N. W.2027363248
Ste. 200
Washington, DC 20036
Party name: Cellular Telecom. Indus.
 
Michael D. Hays Dow, Lohnes, & Albertson 2027762711
1200 New Hampshire Ave.,N.W.
Washington, DC 20036
Party name: Nextel Com., Inc.
 
H. Richard Juhnke Sprint Corporation 2025851912
401 Ninth Street, NW, Ste. 400
Washington, DC 20004
Party name: Sprint Spectrum
 
Douglas I. Brandon AT&T Wireless Service, Inc. 2022239222
1150 Connecticut Ave., NW #400
Washington, DC 30036
Party name: AT&T Wireless Servs., Inc.
 
James G. Harralson BellSouth Corporation 4042493855
1155 Peachtree St., NE, #1800
Atlanta, GA 30309
Party name: BellSouth Corp.
 
Lawrence Movshin Wilkinson, Barker, Knauer 2027834141
2300 N Street, N. W.
Washington, DC 20037
 
Howard J. Symons Mintz, Levin, Cohn, et al.
701 Pennsylvania Ave., N.W.
Washington, DC 20006
 
John T. Scott III Verizon Wireless
1300 I St., NW, Ste. 400-West
Washington, DC 20005
 
L. Andrew Tollin Wilkinson, Barker, Knauer 2027834141
2300 N Street, N.W.
Washington, DC 20037
 
Douglas R. Cox Gibson, Dunn & Crutcher 2028873531
1050 CT Ave., NW, Ste. 900
Washington, DC 20036
Party name: NextWave Personal Com., Inc., et al.
 
Daniel E. Troy Wiley, Rein & Fielding 2027197000
1776 K Street, N. W.
Washington, DC 20006
Party name: Dobson Com. Corp.
 
Mark L. Evans Kellogg, Huber, et al. 2023267900
1615 M St., N. W., Ste. 400
Washington, DC 20036
Party name: Cellco Partnership
 
Richard G. Taranto Farr & Taranto 2027750184
1220 19th St., N.W., Suite 800
Washington, DC 20036-2435
Party name: Cellco Partnership
 
Thomas G. Hungar Gibson, Dun & Crutcher LLP
1050 Conecticut Ave., N.W.
Washington, DC 20036-5306
 
Other Attorneys:
Charles J. Cooper 1500 K Street, N.W. 2022209600
Suite 200
Washington, DC 20005
Party name: Urban Comm-North Carolina, Inc., et al.
 
Richard P. Bress 555 Eleventh Street, N.W. 2026372200
Suite 1000
Washington, DC 20004
Party name: Airadigm Communications, Inc.