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TELERAMA, INC. v. UNITED STATES

Nos. 17311, 19644.

419 F.2d 1047 (1969)

TELERAMA, INC., Petitioner, v. UNITED STATES of America and Federal Communications Commission, Respondents. Storer Broadcasting Company, Intervenor, WUAB, Inc., Intervenor.

United States Court of Appeals Sixth Circuit.

December 23, 1969.

Attorney(s) appearing for the Case

Joel H. Levy, Washington, D. C., for petitioner; Marcus Cohn, Paul Dobin, Washington, D. C., on brief; Cohn & Marks, Washington, D. C., of counsel.

Stuart F. Feldstein, Atty., F.C.C., Washington, D. C., for respondents; Henry Geller, Gen. Counsel, John H. Conlin, Associate Gen. Counsel, Lenore G. Ehrig, Atty., F.C.C., Richard W. McLaren, Asst. Atty, Gen., Gregory B. Hovendon, Atty., Dept. of Justice, Washington, D. C., on brief.

Victor E. Ferrall, Jr., Washington, D. C., for intervenor Storer Broadcasting Co.; Alan Y. Naftalin, Koteen & Burt, Washington, D. C., on brief; Robert G. Stachler, Taft, Stettinius & Hollister, Cincinnati, Ohio, of counsel.

Gene A. Bechtel, George H. Shapiro, Washington, D. C., on brief for intervenor WUAB, Inc.; Arent, Fox, Kintner, Plotkin & Kahn, Washington, D. C., of counsel.

Before PHILLIPS, Chief Judge and EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

These two cases arise out of the Federal Communications Commission's determination, first made evident in 1965 and 1966, to bring the then developing community antenna television systems (CATV) within the ambit of its regulations.

In No. 17,311 Telerama seeks review of a letter from the FCC, dated April 29, 1966, advising it that the Commission's rules (47 C.F.R. §§ 74.1107-74.1109), effective February 15, 1965, prohibited...

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