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PHILADELPHIA TELEVISION BROADCASTING CO. v. F. C. C.

No. 19577.

359 F.2d 282 (1966)

PHILADELPHIA TELEVISION BROADCASTING CO., Permittee of Construction Permit for Television Station WPHL-TV, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, United States of America, Respondents, Rollins, Inc., National Community Television Association, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1966.

Attorney(s) appearing for the Case

Mr. Joseph A. Fanelli, Washington, D. C., with whom Mr. Benedict P. Cottone, Washington, D. C., was on the brief, for petitioners.

Mr. Daniel Ohlbaum, Deputy Gen. Counsel, F.C.C., for respondents. Asst. Atty. Gen. Lyle M. Turner, Messrs. Henry Geller, Gen. Counsel, F.C.C., John H. Conlin, Associate Gen. Counsel, Mrs. Lenore Ehrig, Atty., F.C.C., and Mr. Lionel Kestenbaum, Atty., Dept. of Justice, were on the brief, for respondents.

Mr. Stanley S. Neustadt, Washington, D. C., for intervenor Rollins, Inc. Messrs. Marcus Cohn, Paul Dobin and Joel H. Levy, Washington, D. C., were on the brief for intervenor Rollins, Inc.

Messrs. Robert D. L'Heureux, E. Stratford Smith and Roger E. Zylstra, Washington, D. C., were on the brief for intervenor National Community Television Ass'n, Inc.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Petitioners filed a complaint with the Federal Communications Commission seeking an order that Rollins Broadcasting, Inc. cease and desist from constructing and operating a community antenna television (CATV) system serving Wilmington, Delaware, until Rollins complies with the requirements of Title II of the Communications Act, 47 U.S.C. §§ 201-222, with respect to common carriers. The Commission, being of the view that CATV systems...

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