MIDWEST TELEVISION, INC. v. F. C. C.

Nos. 22077, 22096, 22237, 22260.

426 F.2d 1222 (1970)

MIDWEST TELEVISION, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Escondido Community Cable, Inc., The City of Escondido, Mission Cable TV, Inc., et al., Rancho Bernardo Antenna System, Southwestern Cable Co., Intervenors. WESTERN TELECASTERS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Escondido Community Cable, Inc., The City of Escondido, Mission Cable TV, Inc., et al., Rancho Bernardo Antenna System, Intervenors. MISSION CABLE TV, INC., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Western Telecasters, Inc., Midwest Television, Inc., Intervenors. SOUTHWESTERN CABLE CO., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Western Telecasters, Inc., Midwest Television, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 4, 1970.


Attorney(s) appearing for the Case

Mr. Charles A. Miller, Washington, D. C., with whom Messrs. Ernest W. Jennes, Arthur H. Schroeder and John P. Bankson, Jr., Washington, D. C., were on the brief, for petitioners in Nos. 22,077 and 22,096 and intervenors in Nos. 22,237 and 22,620. Mr. John E. Vanderstar also entered an appearance for petitioner in No. 22,077. Mr. William M. Barnard also entered an appearance for petitioner in No. 22,096.

Mr. Robert L. Heald, Washington, D. C., with whom Messrs. Frank U. Fletcher, Edward F. Kenehan, James P. Riley, John C. Harrington and William P. Sims, Jr., Washington, D. C., were on the brief, for petitioners in No. 22,237 and intervenor Escondido Community Cable, Inc., and certain other intervenors in Nos. 22,077 and 22,096. Mr. Marvin Rosenberg also entered an appearance for intervenor Escondido Community Cable, Inc., and certain others in Nos. 22,077 and 22,096.

Mr. Arthur Scheiner, Washington, D. C., with whom Messrs. Harold F. Reis and Edward S. O'Neill, Washington, D. C., were on the brief, for petitioner in No. 22,620 and intervenor Southwestern Cable Company in No. 22,077. Mr. Edward P. Taptich, Washington, D. C., also entered an appearance for intervenor Southwestern Cable Company in No. 22,077.

Mr. John H. Conlin, Associate Gen. Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, Gen. Counsel, and Stuart F. Feldstein, Counsel, Federal Communications Commission, were on the brief, for respondent Federal Communications Commission. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for respondent, Federal Communications Commission.

Mr. Howard E. Shapiro, Atty., Dept. of Justice, entered an appearance for respondent, United States of America.

Before FAHY, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.


FAHY, Senior Circuit Judge:

These cases, consolidated, arise on petitions to review an order of the Federal Communications Commission and a related order denying reconsideration of the former. The basic order prohibits expansion beyond the situation as it existed on August 23, 1966, of carriage by CATV systems in the San Diego area of Los Angeles television signals, with the exception that Rancho Bernardo Antenna Systems...

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