Ralph NADER and Reuben B. Robertson, III, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION, and the United States of America, Respondents,
American Telephone and Telegraph Company, United States Independent Telephone Association, Air Transport Association of America, Telephone Users Association, Inc., and Commonwealth of Pennsylvania, Intervenors.
MICROWAVE COMMUNICATIONS, INC. and MCI Telecommunications Corporation, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION, and the United States of America, Respondents,
American Telephone and Telegraph Company, Air Transport Association of America, et al., Commonwealth of Pennsylvania, and the American Broadcasting Companies, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 10, 1974.
Decided September 29, 1975.
Attorney(s) appearing for the Case
William J. Byrnes, Washington, D. C., with whom Michael H. Bader, Washington, D. C., was on the brief for petitioners in No. 73-2051.
Alan B. Morrison, Washington, D. C., with whom Paul G. Evans and Reuben B. Robertson, III, Washington, D. C., were on the brief for petitioners in No. 73-1045.
Philip V. Permut, Counsel, Federal Communications Commission with whom Daniel R. Ohlbaum, Acting Gen. Counsel and Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, were on the brief for respondent. John W. Pettit, Gen. Counsel, Federal Communications Commission, at the time the record was filed and Ashton R. Hardy, Gen. Counsel, Federal Communications Commission, also entered appearances for respondent Federal Communications Commission.
Howard J. Trienens, Chicago, Ill., of the bar of the Supreme Court of Illinois pro hac vice by special leave of court, with whom Richard J. Flynn, Chicago, Ill., John E. Haley, Washington, D. C., Jules M. Perlberg, Chicago, Ill., and John F. Preston, Jr., New York City, were on the brief for intervenor American Telephone and Telegraph Co. Jules M. Perlberg, Chicago, Ill., entered an appearance for intervenor American Telephone and Telegraph Co.
Carl D. Lawson, Atty., Dept. of Justice, was on the brief for respondent, United States of America.
Thomas J. O'Reilly, Washington, D. C., was on the brief for intervenor, United States Independent Telephone Assn.
James E. Landry, William E. Miller, Herbert E. Forrest, Charles R. Cutler, Washington, D. C., were on the brief for intervenors Air Transport Association of America and Aeronautical Radio, Inc.
Arthur S. Curtis, Washington, D. C., was on the brief for intervenor Telephone Users Ass'n, Inc.
Gordon P. MacDougall, Sp. Asst. Atty. Gen., was on the brief for intervenor Commonwealth of Pennsylvania.
Joseph M. Kittner, Norman P. Leventhal, Washington, D. C., Joseph DeFranco, New York City, and Howard Monderer, Washington, D. C., were on the brief for intervenors, American Broadcasting Companies, Inc., CBS, Inc. and National Broadcasting Co., Inc.
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.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge TAMM.
Dissenting opinion filed by Senior Circuit Judge FAHY.
TAMM, Circuit Judge:
Petitioners seek review of four orders of the Federal Communications Commission arising from its investigation of American Telephone & Telegraph Co.'s (AT&T or Bell) 1971 rate increases. In the first order issued November 22, 1972, the Commission rejected AT&T's 1970 tariff...
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