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TITUSVILLE CABLE TV, INC. v. UNITED STATES

Nos. 16559, 16650.

404 F.2d 1187 (1968)

TITUSVILLE CABLE TV, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Lamb Enterprises, Inc., Intervenor. Byron McCRACKEN, Jr., d/b/a South Side Cable Company, Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents, Lamb Enterprises, Inc., Intervenor.

United States Court of Appeals Third Circuit.

Decided December 23, 1968.

Attorney(s) appearing for the Case

George J. Barco, Barco & Barco, Meadville, Pa., for petitioner Titusville Cable TV, Inc.

Spencer Ervin, Jr., Tate & Ervin, Philadelphia, Pa., for petitioner Byron McCracken.

Lenore G. Ehrig, F. C. C., Washington, D. C., for respondent Federal Communications Commission.

Herbert M. Schulkind, Fly, Shuebruk, Blume & Gaguine, Washington, D. C., for intervenor Lamb Enterprises, Inc.

Before McLAUGHLIN, KALODNER and ALDISERT, Circuit Judges.

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

Petitioners, Titusville Cable TV, Inc. and Byron McCracken, Jr., who operates under the name South Side Cable Company, seek review of separate memorandum opinions and orders of the Federal Communications Commission denying their petitions for waiver of the nonduplication provisions of 47 C.F.R. 74.1103(F). Review is sought pursuant to Section 402(a) of the Communications Act of 19341

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