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KITCHEN v. F. C. C.

No. 71-1875.

464 F.2d 801 (1972)

Benjamin W. KITCHEN et al., Petitioners v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents The Bell Telephone Company of Pennsylvania, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1972.

Attorney(s) appearing for the Case

Messrs. Alan L. Spielman and David J. Ackerman, Philadelphia, Pa., for petitioners.

Mr. Charles A. Zielinski, Counsel, F. C. C. with whom Messrs. John W. Pettit, Gen. Counsel, and Joseph A. Marino, Associate Gen. Counsel, F. C. C., and Howard E. Shapiro, Atty., Dept. of Justice, were on the brief, for respondents. Mr. Richard E. Wiley, Gen. Counsel of the F. C. C. at the time the brief was filed, and Mr. Edward J. Kuhlmann, Counsel, F. C. C., also entered appearances for respondents.

Mr. Hugh B. Cox, Washington, D. C., with whom Messrs. E. Edward Bruce, Washington, D. C., and John B. King, Philadelphia, Pa., were on the brief, for intervenor.

Before WRIGHT, TAMM and ROBB, Circuit Judges.

PER CURIAM:

In these review proceedings petitioners invite this court to overturn the Federal Communications Commission's long-standing and uniform construction of the Communications Act of 19341 as not requiring FCC certification for construction of a telephone building that will be used to house toll and exchange switching equipment to service local area residents. We decline the invitation.

Petitioners, residents' associations...

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