NATIONAL ASSOCIATION OF THEATRE OWNERS and Joint Committee Against Toll TV, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Zenith Radio Corporation and Teco, Inc., Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued June 9, 1969.
Decided September 30, 1969.
Certiorari Denied February 24, 1970.
Attorney(s) appearing for the Case
Mr. Marcus Cohn, Washington, D. C., with whom Mr. Martin J. Gaynes, Washington, D. C., was on the brief, for petitioners.
Mr. Daniel R. Ohlbaum, Deputy General Counsel, with whom Mr. Henry Geller, General Counsel, and Miss Katrina Renouf, Counsel, Federal Communications Commission, were on the brief, for respondent Federal Communications Commission. Mr. John H. Conlin, Associate General Counsel, and Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered appearances for respondent Federal Communications Commission.
Mr. Howard E. Shapiro, Washington, D. C., was on the brief, for respondent United States of America.
Mr. Harold David Cohen, Washington, D. C., with whom Messrs. W. Theodore Pierson and Vernon C. Kohlhaas, Washington, D. C., were on the brief, for intervenors.
Before TAMM, LEVENTHAL and ROBB, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
Certiorari Denied February 24, 1970. See 90 S.Ct. 914.
TAMM, Circuit Judge:
Today we are faced with a question of national importance, id est, whether the Federal Communications Commission possesses the requisite power to authorize nationwide over-the-air subscription television1 (commonly referred to as "pay TV") on a permanent basis. For the reasons hereinafter stated, we hold that the Commission can authorize such a service...
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