TELEPROMPTER CABLE SYSTEMS, INC. v. F. C. C.

No. 75-1582.

543 F.2d 1379 (1976)

TELEPROMPTER CABLE SYSTEMS, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, City of Johnstown Pennsylvania and National Cable Television Association, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1976.


Attorney(s) appearing for the Case

E. Barrett Prettyman, Jr., Washington, D. C., for petitioner. Jay E. Ricks, Robert R. Bruce and Gardner F. Gillespie, Washington, D. C., were on the brief for petitioner.

Leo I. George, Washington, D. C., with whom John A. Borsari, Washington, D. C., was on the brief for intervenor City of Johnstown, Pennsylvania. Leonard S. Joyce, Washington, D. C., also entered an appearance for intervenor City of Johnstown, Pennsylvania.

C. Grey Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Acting Associate Gen. Counsel, F. C. C., and Samuel R. Simon, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents.

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.

Peter J. Dooley, Asst. Atty. Gen. of the State of New York, Albany, N. Y., filed a brief on behalf of the State of New York as amicus curiae urging reversal.

Michael B. Isaacs and Margaret Adair Sofio, Framingham, Mass., filed a brief on behalf of the Massachusetts Community Antenna Television Commission as amicus curiae urging reversal.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and CHRISTENSEN, United States Senior District Judge for the District of Utah.


Opinion for the Court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

The background of this case is a lurid episode in corporate and governmental corruption. The facts are not in dispute and need be recited only to furnish a context in which to discuss the legal issues.

TelePrompTer (hereinafter TPT or petitioner) began doing business in Johnstown in 1961, after acquiring the interest of an operator who held the exclusive franchise granted by the...

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