HAWAIIAN TELEPHONE CO. v. F. C. C.

Nos. 77-1533, 77-1544, 77-1722, 77-1723, 77-1555, 77-1556, 77-1557, 77-1658, 77-1659, 77-1660 and 77-1721.

589 F.2d 647 (1978)

HAWAIIAN TELEPHONE COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, RCA American Communications, Inc., Intervenor. GTE SATELLITE CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Satellite Corporation, Intervenor. GTE SATELLITE CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. GTE SATELLITE CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Western Union International, Inc. and American Satellite Corporation, Intervenors. HAWAIIAN TELEPHONE COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Satellite Corporation, Intervenor. HAWAIIAN TELEPHONE COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Satellite Corporation and Western Union International, Inc., Intervenors. HAWAIIAN TELEPHONE COMPANY, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, GTE Satellite Corporation and RCA American Communications, Inc., Intervenors. GTE SATELLITE CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, RCA American Communications, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 1978.

As Amended November 15 and December 19, 1978.


Attorney(s) appearing for the Case

Thomas J. O'Reilly, Washington, D. C., and Vincent Gallogly, Stamford, Conn., for appellants. A. R. Frischkorn, Jr., Washington, D. C., also entered an appearance for appellant in Nos. 77-1554, 77-1555, 77-1556, 77-1721, 77-1722, and 77-1723, and for intervenor GTE Satellite Corporation in No. 77-1660. Vincent Gallogly, Stamford, Conn., also entered an appearance for intervenor GTE Satellite Corporation in No. 77-1660.

Gregory M. Christopher, Counsel, Federal Communications Commission, Washington, D. C., with whom Daniel M. Armstrong, Associate Gen. Counsel, Federal Communications Commission, and Peter Delacruz, Atty., Dept. of Justice, Washington, D. C., were on the brief, for appellee. Werner K. Hartenberger and Jack David Smith, Counsel, Federal Communications Commission, Washington, D. C., also entered appearances for appellee.

Jay E. Ricks, Washington, D. C., with whom Carl J. Cangelosi, Piscataway, N. J., and Gardner F. Gillespie, Washington, D. C., were on the brief, for intervenor RCA American Communications, Inc. in Nos. 77-1533, 77-1660, and 77-1721; also presented argument on behalf of all other intervenors.

Michael D. Campbell, Stuart G. Meister, and Peggy Crespi Kaplan, Germantown, Md., were on the brief for intervenor American Satellite Corporation in Nos. 77-1554, 77-1556, 77-1557, 77-1658, 77-1659, 77-1722, and 77-1723.

John M. Gibbons and Michael H. Mobbs, Washington, D. C., and Alvin K. Hellerstein, New York City, were on the brief for intervenor Western Union International Inc. in Nos. 77-1556, 77-1659, and 77-1722. Robert E. Conn, New York City, also entered an appearance for intervenor Western Union International, Inc. in Nos. 77-1556, 77-1659, and 77-1722.

Rosel H. Hyde, Herbert E. Marks, and Laurel R. Bergold, Washington, D. C., were on the brief for amicus curiae State of Hawaii, urging affirmance.

Before WRIGHT, Chief Judge, and TAMM and ROBB, Circuit Judges.


Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

This case involves eleven consolidated appeals in which appellants Hawaiian Telephone Company (HTC) and GTE Satellite Corporation (GSAT) seek review of three sets of orders of the Federal Communications Commission (FCC) that authorized construction and operation of satellite earth stations (and in one case a terrestrial microwave link) to transmit communications between...

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