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SERVICE ELECTRIC CABLE TV, INC. v. F. C. C.

No. 71-1848.

468 F.2d 674 (1972)

SERVICE ELECTRIC CABLE TV, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, and WBRE-TV, INC., Scranton Broadcasters, Inc., and Taft Broadcasting Company, Intervenors.

United States Court of Appeals, Third Circuit.

Decided October 13, 1972.

Attorney(s) appearing for the Case

Frederick W. Ford, Pittman, Lovett, Ford, Hennessey & White, Washington, D.C., Lee G. Lovett, Washington, D.C., for petitioner.

Charles A. Zielinski, Federal Communications Commn., Washington, D.C., for respondents.

Arthur B. Goodkind, Washington, D.C., Koteen & Burt, Washington, D.C., on brief for Intervenor Taft Broadcasting Co.

Marvin J. Diamond, Hogan & Hartson, Washington, D.C., on brief for Intervenor WBRE-TV, Inc.

Daniel W. Toohey, Dow, Lohnes & Albertson, Washington, D.C., on brief for Intervenor Scranton Broadcasters, Inc.

Before VAN DUSEN, JAMES ROSEN and HUNTER, Circuit Judges.

OPINION OF THE COURT

HUNTER, Circuit Judge.

Petitioner Service Electric Cable TV, Inc. ("Service Electric") seeks review of an order of the Federal Communications Commission's Review Board ("Review Board"), 23 F.C.C.2d 468 (1970). Jurisdiction is conferred upon this Court by Section 402(a) of the Communications Act of 1934 ("Communications Act"), 47 U.S.C. § 402(a), and 28 U.S.C. §§ 2341-2343.

Service Electric operates CATV systems...

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