RADIO RELAY CORPORATION v. F. C. C.

No. 259, Docket 32691.

409 F.2d 322 (1969)

RADIO RELAY CORPORATION, Petitioner, Airsignal International, Inc., Intervenor, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company, Intervenor.

United States Court of Appeals Second Circuit.

Decided February 20, 1969.


Attorney(s) appearing for the Case

Sanford M. Litvack, New York City (James R. Withrow, Jr., William C. Pelster, Donovan Leisure Newton & Irvine, New York City), for petitioner.

E. Stratford Smith, Washington, D. C. (Arthur V. Weinberg, Richard S. Becker, Robert D. Powell, Smith, Pepper, Shack & L'Heureux, Washington, D. C.), for intervenor, Airsignal International, Inc.

D. Biard Macguineas, Washington, D. C. (Henry Geller, Gen. Counsel, John H. Conlin, Assoc. Gen. Counsel, Federal Communicaitons Commission, Edwin M. Zimmerman, Asst. Atty. Gen., Howard E. Shapiro, Dept. of Justice, Washington, D. C.), for respondents.

Lawrence E. Walsh, New York City (John F. Preston, Jr., Philip C. Potter, Jr., Guy M. Struve, Davis Polk & Wardwell, New York City), for intervenor, American Telephone and Telegraph Co.

Before MEDINA, WATERMAN and KAUFMAN, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

The questions before us are whether the Federal Communications Commission's finding that the public interest required the allocation of additional frequencies to one-way signaling service was supported by the record and whether the Commission acted reasonably in rejecting the petitioner's request that wireline carriers (and particularly the Bell System and American Telephone and Telegraph...

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