ASSOCIATED PRESS v. F. C. C.

Nos. 23833, 23836, 23839, 23841-23843.

448 F.2d 1095 (1971)

The ASSOCIATED PRESS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Western Union Telegraph Co., American Telephone and Telegraph Co., Intervenors. AEROSPACE INDUSTRIES ASSOCIATION OF AMERICA, Inc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Western Union Telegraph Co., American Telephone and Telegraph Co., Intervenors. AIR TRANSPORT ASSOCIATION OF AMERICA et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Western Union Telegraph Co., Bethlehem Steel Corporation, et al., American Telephone and Telegraph Co., Intervenors. AMERICAN TRUCKING ASSOCIATIONS, Inc., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Western Union Telegraph Co., American Telephone and Telegraph Co., Intervenors. AERONAUTICAL RADIO, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Western Union Telegraph Co., American Telephone and Telegraph Co., Intervenors. NATIONAL ASSOCIATION OF MOTOR BUS OWNERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The Western Union Telegraph Co., American Telephone and Telegraph Co., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 12, 1971.

As Amended July 15, 1971.


Attorney(s) appearing for the Case

Mr. Donald C. Beelar, Washington, D. C., with whom Mr. John L. Bartlett, Washington, D. C., was on the brief, for petitioner in No. 23,833.

Mr. Arthur Scheiner, Washington, D. C., with whom Mr. Richard A. Solomon, Washington, D. C., was on the brief, for petitioner in No. 23,836.

Mr. William E. Miller, Washington, D. C., with whom Messrs. James E. Landry, Herbert E. Forrest, Charles R. Cutler, John L. Bartlett, Charles F. McErlean, Jr., Chicago, Ill., Calvin Davison and Stephen L. Babcock, Washington, D. C., were on the brief, for petitioners in Nos. 23,839 and 23,842. Mr. James F. Reilly, Washington, D. C., also entered an appearance for petitioners in No. 23,839 and 23,842.

Mr. Edward J. Kuhlmann, Counsel, Federal Communications Commission, with whom Messrs. Henry Geller, General Counsel at the time the brief was filed, John H. Conlin, Associate General Counsel, and Katrina Renouf, Counsel, Federal Communications Commission, were on the brief, for respondents. Mrs. Lenore G. Ehrig, Counsel, Federal Communications Commission, also entered an appearance for respondent, Federal Communications Commission. Mr. Howard E. Shapiro, Atty., Department of Justice, also entered an appearance for respondent, United States of America.

Mr. Melvin Richter, Washington, D. C., with whom Mr. Jack Werner, Washington, D. C., was on the brief, for intervenor The Western Union Telegraph Company. Mr. Harold L. Talisman and Mr. Sidney Goldman, Washington, D. C., also entered an appearance for intervenor, The Western Union Telegraph Company.

Mr. Hugh B. Cox, Washington, D. C., with whom Messrs. E. Edward Bruce, Washington, D. C., Harold J. Cohen and Alfred A. Green, New York City, were on the brief, for intervenor, American Telephone and Telegraph Company.

Mr. Richard P. Taylor, Washington, D. C., was on the brief for petitioner in No. 23,843.

Messrs. Jeremiah Courtney and Arthur Blooston, Washington, D. C., entered appearances for petitioner in No. 23,841 and intervenors, Bethlehem Steel Corporation, et al. in No. 23,839.

Before ROBINSON, MacKINNON and ROBB, Circuit Judges.


ROBB, Circuit Judge:

The petitioners challenge two orders1 of the Federal Communications Commission, designating for hearing and investigation a revised tariff submitted by the American Telephone and Telegraph Company (AT&T) on October 1, 1969. The tariff, filed pursuant to Sec. 203 of the Communications Act of 1934,2 proposed increased rates for a private line service known as TELPAK. The petitioners are...

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