ELECTRONIC INDUSTRIES ASS'N, ETC. v. F. C. C.

No. 75-1120.

554 F.2d 1109 (1976)

ELECTRONIC INDUSTRIES ASSOCIATION, CONSUMER ELECTRONICS GROUP, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1976.


Attorney(s) appearing for the Case

J. Edward Day, Washington, D. C., with whom William F. Taylor, Washington, D. C., was on the brief for petitioner in No. 75-1120.

Horace P. Moulton, New York City, with whom Stephen N. Shulman, Stephen G. Wood, Washington, D. C., Eric L. Hirschhorn, F. Mark Garlinghouse and Alfred A. Green, New York City, were on the brief for petitioners American Tel. and Tel. Co., and others, in No. 75-1143 also argued for all other petitioners.

Jack David Smith, Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Acting Associate Gen. Counsel, C. Grey Pash, Jr., Robert C. Ware, Counsel, F. C. C., Barry Grossman, and Laurence K. Gustafson, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Allen R. Frischkorn, Jr., Ruth L. Prokop and Timothy N. Seward, Washington, D. C., were on the brief for petitioners in No. 75-1148.

Warren E. Baker, Westwood, Kan., John M. Lothschuetz, Mansfield, Ohio, and Carolyn C. Hill, Washington, D. C., were on the brief for petitioner in No. 75-1227.

Abe Fortas and Kenneth E. Hardman, Washington, D. C., were on the brief for petitioner in No. 75-1266.

Jack Werner, Washington, D. C., was on the brief for petitioner in Nos. 75-1394 and 75-1395. Laurence Singer, Washington, D. C., also entered an appearance for petitioner in Nos. 75-1394 and 75-1395.

Philip M. Walker and Donald E. Ward, Washington, D. C., were on the brief for petitioner in No. 75-1401. Arthur G. House, Chevy Chase, Md., also entered an appearance for petitioner in No. 75-1401.

Herbert E. Forrest, Washington, D. C., Thormund A. Miller, San Francisco, Cal., and James M. Tobin, Washington, D. C., were on the brief for petitioner in No. 75-1404.

Michael H. Bader, Kenneth A. Cox, William J. Byrnes and Raymond C. Fay, Washington, D. C., were on the brief for petitioners in No. 75-1422.

Robert E. McKee and Howard A. White, New York City, were on the brief for petitioner in No. 75-1453.

William K. Coulter and Cynthia R. Clarke, Washington, D. C., were on the brief for petitioner in No. 75-1459.

Denis J. Brion, Washington, D.C., Carl J. Cangelosi, New York City, Eileen Lerman, Washington, D.C., and Donald J. Elardo, New York City, were on the brief for petitioner in No. 75-1513.

John B. Gantt, Washington, D. C., was on the brief for petitioner in No. 75-1558.

James T. Roche, John M. Scorce, Vienna, Va., and Kevin H. Cassidy, Washington, D. C., were on the brief for intervenor in No. 75-1143.

Robert E. Conn, New York City, entered an appearance for intervenor in Nos. 75-1453 and 75-1513.

Before MacKINNON and ROBB, Circuit Judges, and BRODERICK, United States District Judge for the Eastern District of Pennsylvania.


Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

Petitioners-appellant1 (hereinafter, "petitioners") in these 14 consolidated cases are common carriers or equipment manufacturers regulated by the Federal Communications Commission (FCC) who seek review of the orders establishing the Commission's 1975 fee schedule2 insofar as that schedule relates to them. They therefore...

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