AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Appellant,
v.
FEDERAL COMMUNICATIONS COMMISSION,
MCI Telecommunications Corporation and United States Transmission Systems, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 16, 1975.
Decided July 6, 1976.
Attorney(s) appearing for the Case
Charles A. Horsky, Washington, D. C., with whom Michael Boudin and Arthur F. Fergenson, Washington, D. C., and Alfred C. Partoll and F. Mark Garlinghouse, New York City, were on the brief, for appellant.
John E. Ingle, Counsel, F. C. C., with whom Ashton R. Hardy, Gen. Counsel, F. C. C., and Joseph A. Marino, Associate Counsel, F. C. C., at the time the brief was filed, were on the brief, for appellee.
Edward P. Taptich, Washington, D. C., with whom Joseph M. Kittner, Washington, D. C., was on the brief, for intervenor United States Transmission Systems, Inc.
Michael H. Bader, Kenneth A. Cox, William J. Byrnes, and Raymond C. Fay, Washington, D. C., were on the brief for intervenor MCI Telecommunications Corp.
Before BAZELON, Chief Judge, and WRIGHT and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.
J. SKELLY WRIGHT, Circuit Judge:
In its 1971 Specialized Carriers decision1 the Federal Communications Commission, through judicially approved rulemaking, adopted a policy in favor of open competition in the specialized communications field. In 1973 United States Transmission Systems, Inc. (USTS), a subsidiary of International Telephone and Telegraph Company...
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