GENERAL TELEPHONE CO. OF CAL. v. F. C. C.

Nos. 22106, 22112, 22113, 22116, 22143.

413 F.2d 390 (1969)

GENERAL TELEPHONE COMPANY OF CALIFORNIA et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Storer Broadcasting Company, Teleprompter Corporation, National Cable Television Assn., Inc., United States of America, Intervenors. UNITED INTER-MOUNTAIN TELEPHONE COMPANY et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Storer Broadcasting Company, Teleprompter Corporation, et al., Sterling Information Services, Ltd., National Cable Television Assn., Inc., United States of America, Intervenors. UNITED TELEPHONE COMPANY OF OHIO et al., Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Storer Broadcasting Company, Warrensburg Cable, Inc., Teleprompter Corporation, et al., Sterling Information Services, Ltd., National Cable Television Assn., Inc., United States of America, Intervenors. The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Teleprompter Corporation, Inc., National Cable Television Assn., Inc., Storer Broadcasting Company, City of New York, Cox-Cosmos, Inc., Intervenors. NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Teleprompter Corporation, et al., National Cable Television Assn., Inc., Storer Broadcasting Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 30, 1969.

Certiorari Denied October 27, 1969.


Attorney(s) appearing for the Case

Mr. David H. Lloyd, Washington, D. C., with whom Messrs. Paul A. Porter, Reed Miller and Robert D. Rosenbaum, Washington, D. C., were on the brief, for appellants in No. 22,106.

Mr. Warren E. Baker, Washington, D. C., with whom Messrs. Edmund E. Harvey and Lloyd D. Young, Washington, D. C., were on the brief, for appellants in Nos. 22,112 and 22,113.

Mr. Hugh B. Cox, Washington, D. C., with whom Messrs. E. Edward Bruce, Washington, D. C., Lewis H. Ulman and John F. Preston, Jr., New York City, were on the brief, for petitioners in No. 22,116. Mr. Paul F. McArdle, Washington, D. C., also entered an appearance for petitioners in No. 22,116.

Mr. Paul Rodgers for petitioner in No. 22,143.

Mr. John H. Conlin, Associate General Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel, Federal Communications Commission, and Howard E. Shapiro, Atty., Department of Justice, were on the brief, for appellee in Nos. 22,106, 22,112 and 22,113 and respondents in Nos. 22,116 and 22,143. Mr. Howard E. Shapiro, Atty., Department of Justice, also entered an appearance for intervenor, United States of America, in Nos. 22,106, 22,112, 22,113 and respondents in Nos. 22,116 and 22,143. Mrs. Lenore G. Ehrig, Washington, D. C., also entered an appearance for appellees in Nos. 22,106, 22,112, 22,113 and respondents in Nos. 22,116 and 22,143.

Mr. Alan Raywid, Washington, D. C., with whom Messrs. John P. Cole, Jr., Washington, D.C., and William J. Levy, were on the brief, for intervenors, Teleprompter Corporation, et al. Mr. Roger E. Zylstra, Washington, D. C., also entered an appearance for intervenor, Teleprompter Corporation, et al.

Mr. Bruce E. Lovett, Washington, D. C., was on the brief for intervenor, National Cable Television Association, Inc.

Mr. William P. Sims, Jr., Washington, D. C., was on the brief for intervenor, Cox-Cosmos, Inc., in No. 22,116.

Messrs. J. Lee Rankin and John R. Thompson, New York City, were on the brief, for intervenor, City of New York, in No. 22,116. Mr. Francis I. Howley, New York City, also entered an appearance for intervenor, City of New York, in No. 22,116.

Messrs. Bernard Koteen, Alan Y. Naftalin and Victor E. Ferrall, Jr., Washington, D. C., entered appearances for intervenor, Storer Broadcasting Company.

Messrs. James E. Greeley, Marshal L. Cole, and Edward P. Taptich, Washington, D. C., entered appearances for intervenor, Warrensburg Cable, Inc., in No. 22,113.

Before BURGER, WRIGHT and ROBINSON, Circuit Judges.


Certiorari Denied October 27, 1969. See 90 S.Ct. 173, 178.

BURGER, Circuit Judge:

Petitioners and Appellants seek review to vacate a Decision and Order of the Federal Communications Commission under which the Commission determined that a certificate of public convenience and necessity was required for the construction of distribution facilities to provide channel service to community antenna television systems, commonly called CATV. Petitioners and Appellants...

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