United States Court of Appeals, District of Columbia Circuit.

Jan. 27, 2000.

Before SILBERMAN and HENDERSON, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

JUDGMENT

PER CURIAM.

On Petition for Review of an Order of the Federal Communications Commission.

This cause was considered on the record from the Federal Communications Commission, and on the briefs filed by the parties. While the issues presented occasion no need for a published opinion, they have been accorded full consideration by the Court. See D.C.Cir. R. 36(b). On consideration thereof, it is

ORDERED and ADJUDGED, by this Court, that the petition for review is denied. Petitioner claims to have an "implied in fact" contract with the FCC for the sale of wireless licenses, and seeks review of a Commission order denying her request for specific performance of the purported contract. She, however, can point to no documents embodying this contract, and describes no terms other than the asserted purchase price; she also does not recount a single statement of FCC personnel which would suggest an agreement, rather than a willingness to enter into negotiations. Moreover, the staff with whom petitioner dealt did not have authority to enter into an agreement. Petitioner also claims that the government should be required to sell her the licenses under a dubious theory of equitable estoppel because the FCC advised her to obtain bankruptcy counsel and participate in the bankruptcy proceedings, but she provides no evidence that the FCC told her to do so as part of any agreement. It is

FURTHER ORDERED, by this Court, sua sponte, that the Clerk shall withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C.Cir. R. 41(a)(1). This instruction to the Clerk is without prejudice to the right of any party at any time to move for expedited issuance of the mandate for good cause shown.