VoiceStream petitioned FCC for reconsideration of order that said...

that before order, PCS licensees had right to provide services throughout Gulf on primary basis if they met obligation to relocate existing fixed microwave licensees. Company said FCC hadn’t previously created separate Gulf licenses, decision it traced to current interference problems faced by cellular carriers in area. Carrier argued that Commission had stated in previous orders that PCS entities that had license areas bordering Gulf were eligible to serve offshore areas of Gulf, as well. VoiceStream noted PCS licensees Aerial Communications, AT&T Wireless, BellSouth, PrimeCo, Sprint PCS and Western PCS had argued in proceeding that incumbent licensees already are authorized to serve offshore areas of Gulf. VoiceStream contended FCC was required by Administrative Procedures Act to consider such “significant” comments in final decision. Had agency considered these comments, “the Commission would have reached a decision different than the one it did,” VoiceStream said. “The Commission would have likely reaffirmed that existing PCS licensees already have a right to serve the Gulf on a primary basis and that, as a result, there is no basis to establish separate PCS licenses in the Gulf or to relegate PCS licensees to secondary status in the Gulf,” VoiceStream said. Because FCC didn’t address all those arguments, its decision was “arbitrary and capricious,” it said. It said it wanted Commission to reconsider order and reaffirm that PCS carriers licensed to provide service along Gulf already had right to serve offshore area on primary basis and that no separate PCS license should be created.