NATIONAL ASS'N OF REG. UTIL. COM'RS v. F.C.C.

No. 75-1075.

533 F.2d 601 (1976)

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. Manhattan Cable Television, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 10, 1976.


Attorney(s) appearing for the Case

Stephen G. Kraskin, Deputy Asst. Gen. Counsel, Washington, D. C., for petitioner. Paul Rodgers and Kenneth E. Hardman, Washington, D. C., were on the brief for petitioner.

Sheldon M. Guttmann, Counsel, Federal Communications Commission, Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Joseph A. Marino, Associate Gen. Counsel, Washington, D. C., at the time the brief was filed. Carl D. Lawson and John J. Powers, III, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Thomas J. O'Reilly, Washington, D. C., with whom Lloyd D. Young, Washington, D. C., was on the brief for intervenor United States Independent Telephone Association.

J. Laurent Scharff and W. T. Pierson, Jr., Washington, D. C., were on the brief for intervenor Manhattan Cable Television, Inc.

Stuart F. Feldstein, Charles S. Walsh, John V. Kenny and Samuel Cooper, III, Washington, D. C., were on the brief for intervenor, National Cable Television Association, Inc.

Before LUMBARD, Senior Circuit Judge for the Second Circuit, WRIGHT and WILKEY, Circuit Judges.


Opinion for the Court filed by Circuit Judge WILKEY.

Concurring Opinion filed by Circuit Judge LUMBARD.

Dissenting Opinion filed by Circuit Judge WRIGHT.

WILKEY, Circuit Judge:

This action is before the court on petition for review of one aspect of FCC policy pertaining to cable television, as enunciated and clarified in recent Commission reports. Petitioner's sole objection is to the Commission's...

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