Thus, a service carrier licensed to broadcast in a given BTA (say, Pittsburgh) may apply for an SID for that BTA, and CIBERNET will assign one (say, 4171). The private sector then takes over: CIBERNET (a private company) administers the assignment of particular SIDs to licensed service carriers for specific BTAs. The Federal Communications Commission licenses wireless communications companies to broadcast in particular BTAs and maintains a list of usable SIDs. Each SID operates within a basic trading area (“BTA”)-a specific geographic region, customarily linked with a major urban center. Instead of poles and wires, service carriers use Signal IDs (“SIDs”) to connect subscribers to their networks. The wireless telephone system challenges traditional concepts of the communications infrastructure. Except as otherwise indicated, the facts are not disputed. We divide our discussion of the relevant background into four segments. After clearing a path through the technological thicket, we reverse. In the underlying action, the district court sided with plaintiff-appellee New Comm Wireless Services (“Movistar”) and issued a preliminary injunction against two related companies, SprintCom and Sprint Spectrum (collectively, “Sprint”). These interlocutory appeals implicate the brave new world of wireless communications. Lugo-Rivera, with whom Carlos Berreteaga was on brief, for appellee. Roig-Lorenzo, with whom Edgardo Rodríguez-Quilichini and O'Neill & Borges were on brief, for intervenor-appellant. Gierbolini was on brief, for defendants-appellants. Rodríguez Marxuach, with whom Fernando J. Decided: April 05, 2002īefore BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges. Centennial Puerto Rico License Corp., Intervenor, Appellant. SPRINTCOM, INC., and Sprint Spectrum LP, Defendants, Appellants. NEW COMM WIRELESS SERVICES, INC., d/b/a Movistar, Plaintiff, Appellee, v.
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