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building of the airport and the selection of its site was not
likely to be made for a number of years. As of the time of
trial, no decision had yet been made concerning the building or
site of the proposed airport, and there were no current plans to
build the airport in or near NITCO's service area.
G. Cellular Telephone and Long-Distance Telephone
Service License Applications Filed by Mr. Mussman,
NITCO, and Another Company Mr. Mussman Controlled
In order to offer cellular telephone or long-distance
telephone services in a specific area, the potential service
provider must first apply for and obtain authorization from
either the Federal Communications Commission (FCC) or an
appropriate State regulatory agency.
During the 1980's, the FCC held lotteries to select the
applicants to whom it would issue licenses to build and operate
cellular telephone systems serving various areas of the United
States. The FCC issued two types of cellular telephone licenses:
(1) On frequency B, only to local wire-line telephone companies,
their owners, and affiliates who were under the common control of
local telephone companies and/or their owners; and (2) on
frequency A, to anyone else other than local telephone companies,
owners of local telephone companies, and their affiliates. If a
cellular telephone licensee failed to provide the required level
of cellular telephone service to the entire area covered under
the license issued to it within a 5-year period, then the FCC
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