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WASHINGTON UTILITIES & TRANSP. COM'N v. F.C.C.

Nos. 71-2919, 72-1198.

513 F.2d 1142 (1975)

WASHINGTON UTILITIES & TRANSPORTATION COMMISSION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Data Transmission Co. et al., Intervenors. NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONER, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

January 20, 1975.

Attorney(s) appearing for the Case

James R. Cunningham, Asst. Atty. Gen., Olympia, Wash., for Washington Utilities and Transp. Comm'n (argued), for petitioner in No. 71-2919.

Paul Rodgers, Gen. Counsel, (argued), Ray M. Druley, Asst. Gen. Counsel, (argued), Kenneth E. Hardman, Asst. Gen. Counsel, Washington, D. C., for National Assn. of Regulatory Utility Commissioners, for petitioner in No. 72-1198.

Charles M. Firestone, Counsel, F.C.C. (argued), Washington, D. C., Joel Davidow, Atty. Dept. of Justice (argued), for respondents.

Michael L. Glaser (argued), of Glaser & Fletcher, Washington, D. C., for Data Transmission.

William H. Borghesani, Jr. (argued), for Nat. Retail Merchants Assn., Washington, D. C., for applicants in intervention.

Thormund A. Miller, Gen. Counsel, Southern Pacific Communications, San Francisco, Cal. (argued), for Southern Pacific Communications Co.

Michael H. Bader (argued), of Haley, Bader & Potts, Washington, D. C., for MCI Carriers.

Before BROWNING, WRIGHT and WALLACE, Circuit Judges.

OPINION

BROWNING, Circuit Judge:

The Federal Communications Commission authorized Microwave Communications, Inc., to construct a specialized communications common carrier route between St. Louis and Chicago. Microwave Communications, Inc., 18 F.C.C.2d 953 (1969). As a result, a large number of applications were filed by others interested in providing specialized communications services in competition with the established carriers.1

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