BLACK HILLS VIDEO CORPORATION v. F. C. C.

Nos. 18052, 18348, 18793, 18813, 18839.

399 F.2d 65 (1968)

BLACK HILLS VIDEO CORPORATION and Midwest Video Corporation, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. ALICE CABLE TELEVISION CORPORATION, etc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. BUCKEYE CABLEVISION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. MISSION CABLE TV, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals Eighth Circuit.

August 7, 1968.


Attorney(s) appearing for the Case

Harry M. Plotkin, of Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., for petitioner Black Hills Video and Midwest Video; Wayne W. Owen and C. Hamilton Moses, of Moses, McClellan, Arnold, Owen & McDermott, Little Rock, Ark., and Max D. Paglin and Philip R. Ehrenkranz, of Grove, Paglin, Jaskiewicz, Gilliam & Putbrese, Washington, D. C., on the briefs.

John D. Matthews, of Dow, Lohnes & Albertson, Washington, D. C., for petitioner Alice Cable Television Corp.; Thomas W. Wilson and Richard F. Swift, Washington, D. C., of the same firm and Robert H. Young, of Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief.

Henry Geller, General Counsel, Federal Communications Commission, Washington, D. C., for respondents; John H. Conlin, Associate General Counsel, and Lenore G. Ehrig, Counsel, Federal Communications Commission, Washington, D. C., and Donald F. Turner, Asst. Atty. Gen., and Lionel Kestenbaum and Howard E. Shapiro, Attys., Department of Justice, Washington, D. C., on the briefs.

Bruce E. Lovett, Atty. for National Community Television Association, Inc., Washington, D. C., for intervenor National Community Television Assn., Inc.; Gary L. Christensen, Elk Point, S. D., and Robert D. L'Heureux, Washington, D. C., on the briefs.

Ernest W. Jennes, of Covington & Burling, Washington, D. C., for intervenor Association of Maximum Service Telecasters, Inc.; John E. Vanderstar, Washington, D. C., on the brief.

Douglas A. Anello, Kenneth W. Gross and Mark E. Georgeou, Washington, D. C., for intervenor National Assn. of Broadcasters.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and MEHAFFY, Circuit Judges.


VAN OOSTERHOUT, Chief Judge.

This proceeding involves petitions filed pursuant to § 402(a) of the Communications Act of 1934 as amended (47 U.S.C. § 402(a)), the Judicial Review Act, 5 U.S.C. § 1031 et seq., and Rule 27 of the Rules of this court.1 Petitioners seek review of: (1) Rules and regulations promulgated by the Federal Communications Commission (FCC) in its First Report...

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