BUCKEYE CABLEVISION, INC. v. F. C. C.

No. 20274.

387 F.2d 220 (1967)

BUCKEYE CABLEVISION, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee. D. H. Overmyer Telecasting Co., Permittee of UHF Television Station WDHO-TV, Storer Broadcasting Co., The Association of Maximum Service Telecasters, Inc., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1967.


Attorney(s) appearing for the Case

Mr. Robert A. Marmet, Washington, D. C., with whom Mr. Peter L. Koff, Washington, D. C., was on the brief, for appellant. Mr. Edwin R. Schneider, Jr., Washington, D. C., also entered an appearance for appellant.

Mr. John H. Conlin, Associate Gen. Counsel, F. C. C., with whom Mr. Henry Geller, Gen. Counsel, and Mrs. Lenore G. Ehrig, Counsel, F. C. C., were on the brief, for appellee.

Mr. Victor E. Ferrall, Jr., Washington, D. C., with whom Messrs. Bernard Koteen and Alan Y. Naftalin, Washington, D. C., were on the brief, for intervenor Storer Broadcasting Co.

Messrs. Peter Shuebruk and Herbert M. Schulkind, Washington, D. C., were on the brief for intervenor D. H. Overmyer Telecasting Co.

Messrs. Ernest W. Jennes and John E. Vanderstar, Washington, D. C., were on the brief for intervenor Association of Maximum Service Telecasters, Inc.

Before BAZELON, Chief Judge, PRETTYMAN, Senior Circuit Judge, and DANAHER, Circuit Judge.


BAZELON, Chief Judge:

Buckeye Cablevision operates a community antenna television system (CATV) in Toledo, Ohio. Prior to May 27, 1966, it supplied paying subscribers with the signals of nine television stations located in Detroit, Lansing, Windsor, and Toledo. The signals are captured from the atmosphere with a master antenna and then retransmitted via cable to the subscribers' sets, which are specially wired for cable reception. On May 27, 1966, the Federal Communications...

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