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INFORMATION PROVIDERS' COALITION v. F.C.C.

No. 90-70379.

928 F.2d 866 (1991)

INFORMATION PROVIDERS' COALITION FOR DEFENSE OF THE FIRST AMENDMENT, Petitioner, Ameritech Operating Companies, (Illinois Bell Telephone Co., Indiana Bell Telephone Co. Incorp., Michigan Bell Telephone Co., Ohio Bell Telephone Co., Wisconsin Bell, Inc.), Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, GTE Service Corporation and its Affiliated Domestic Telephone Operating Companies ("GTOCS"), Southwestern Bell Telephone Company, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided March 21, 1991.

Attorney(s) appearing for the Case

Earl Nicholas Selby, Palo Alto, Cal., for petitioner (argued).

William Bennett Turner, Beth S. Brinkmann, Turner & Brorby, San Francisco, Cal., for petitioner.

Robert L. Pettit, John E. Ingle, Jane E. Mago (argued), Laurence N. Bourne, F.C.C., Washington, D.C., for FCC, respondent.

Barbara L. Herwig, Lowell V. Sturgill, Jr., U.S. Dept. of Justice, Washington, D.C., for respondent.

Clarine Nardi Riddle, Atty. Gen., Rachel O. Davis, Asst. Atty. Gen., State of Conn., New Britain, Conn., for amicus curiae.

Before ALDISERT, KOZINSKI and NELSON, Circuit Judges.

ALDISERT, Circuit Judge:

In this petition for review of a Report and Order of the Federal Communications Commission ("Commission" or "FCC"), we revisit continued Congressional efforts to prevent minors from using telephone lines to gain access to "dial-a-porn" programs. The petitioner has challenged the 1989 amendment to the Communications Act, known as the Helms Amendment, 47 U.S.C. §§ 223(b), et seq., and the FCC's Report and Order

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