NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
American Telephone and Telegraph Company, the National Association of Business & Educational Radio, Inc., General Electric Company, the Special Industrial Radio Service Assn., Inc., the Central Committee on Telecommunications of the American Petroleum Institute, Utilities Telecommunications Council, North Carolina Utilities Commission, South Carolina Public Service Comm., the People of the State of California and the Public Utilities Commission of State of California, Intervenors.
NATIONAL ASSOCIATION OF RADIOTELEPHONE SYSTEMS, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, The National Assn. of Business & Educational Radio, Inc., A. T. & T. Inc., General Electric Co., Special Industrial Radio Service Assn., Inc., Motorola, Inc., and Airsignal International, Inc., Intervenors.
ILLINOIS ASSOCIATION OF RADIO-TELEPHONE SYSTEMS, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company, National Association of Business & Educational Radio, Inc., and General Electric Company, Intervenors.
RAM BROADCASTING COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
National Association of Business and Educational Radio, Inc., and General Electric Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 12, 1975.
Decided January 5, 1976.
Attorney(s) appearing for the Case
Kenneth E. Hardman, Washington, D. C., with whom Paul Rodgers, Washington, D. C., was on the brief for petitioner in No. 74-1555.
Abe Fortas, Washington, D. C., for petitioner in No. 74-1585.
John E. Ingle, Counsel, F.C.C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Acting Associate Gen. Counsel, F.C.C. and Carl D. Lawson, Atty., Dept. of Justice, were on the brief for respondents. Joseph Marino, Associate Gen. Counsel, F.C.C., at the time the record was filed, also entered an appearance for respondent F.C.C. Howard E. Shapiro, and Roger B. Andewelt, Attys., Dept. of Justice, entered an appearance for respondent, United States of America in Nos. 74-1555 and 74-1585.
John P. Bankson, Jr., Washington, D. C., for intervenor National Ass'n of Business and Educational Radio, Inc.
Louis Schwartz, Robert A. Woods and Lawrence M. Miller, Washington, D. C., were on the brief for petitioner in No. 74-1659.
James A. Koerner, Washington, D. C., was on a statement filed in lieu of a brief, for petitioner in No. 74-1696.
Charles A. Horsky, Charles Lister, Washington, D. C., Alfred C. Partoll and F. Mark Garlinghouse, New York City, were on the brief for intervenor American Telephone and Telegraph Co. in Nos. 74-1555-74-1585 and 74-1659. Michael Boudin, Washington D. C., also entered an appearance for intervenor American Telephone and Telegraph Co.
Wayne V. Black and Larry S. Solomon, Washington, D. C., were on the brief for intervenor Special Industrial Radio Service Ass'n, Inc., in Nos. 74-1555 and 74-1585.
Joseph E. Keller, Wayne V. Black and Larry S. Solomon, Washington, D. C., were on the brief for intervenor The Central Committee on Telecommunications of the American Petroleum Institute in No. 74-1555.
Charles M. Meehan and Peter M. Nemkov, Washington, D. C., were on the brief for intervenor, Utilities Telecommunications Council.
Edward B. Hipp and Robert F. Page, Raleigh, N. C., were on the brief for intervenor North Carolina Utilities Commission.
Richard D. Gravelle, J. Calvin Simpson and Randolph W. Deutsch, San Francisco, Cal., were on the brief for intervenors State of California and the Public Utilities Commission of the State of California.
Frederick M. Rowe, John L. Bartlett and John B. Wyss, Washington, D. C., were on the brief for intervenor Motorola, Inc., in No. 74-1585.
Joseph M. Kittner and Edward P. Taptich, Washington, D. C., entered appearances for intervenor General Electric Co.
Robert E. Conn and Thomas J. McCabe, Washington, D. C., entered appearances for intervenor Airsignal International, Inc., in No. 74-1585.
M. John Bowen, Jr., Columbia, S. C., entered an appearance for intervenor South Carolina Public Service Commission in No. 74-1555.
Before TAMM, MacKINNON and WILKEY, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILKEY.
WILKEY, Circuit Judge:
Petitioners seek review of a two-part 1975 F.C.C. Memorandum Opinion and Order1 (hereinafter 1975 Order), filed in a rulemaking proceeding of which notice was first given in 1968.2 The Order under review adopts the basic approach, with some modification, of a Second Report and Order,3 (hereinafter...
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