Cingular Wireless petitioned U.S. Appeals Court, D.C., to review ...

Cingular Wireless petitioned U.S. Appeals Court, D.C., to review past FCC orders that kept in place commercial mobile radio service (CMRS) spectrum cap of 45 MHz in all but rural areas, where cap is 55 MHz. FCC in Nov. turned down 1999 petitions for reconsideration filed by CTIA and BellSouth, which since has finalized Cingular joint venture with SBC (CD Nov 9 p6). FCC at that time reiterated its plan to revisit spectrum cap issue as part of 2000 Biennial Review by late 2000, item that Commission appeared to be close to releasing late last week. Cingular said in petition that it was “aggrieved” by FCC decision not to eliminate or significantly scale back CMRS spectrum cap. “Relief is sought on the grounds that this finding is arbitrary and capricious, unsupported by substantial evidence and otherwise contrary to law,” Cingular said. It asked court to set aside FCC finding that spectrum cap should be retained or to vacate rule.