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COLBY-BATES-BOWDOIN ED. TEL. CORP. v. F. C. C.

No. 75-1425.

534 F.2d 11 (1976)

The COLBY-BATES-BOWDOIN EDUCATIONAL TELECASTING CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Public Cable Company, Intervenor.

United States Court of Appeals, First Circuit.

Decided April 30, 1976.

Attorney(s) appearing for the Case

John L. Tierney, Washington, D. C., with whom James A. Gammon and Gammon & Tierney, Washington, D. C., were on brief, for petitioner.

Richard J. Bodorff, Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Thomas E. Kauper, Asst. Atty. Gen., and Carl D. Lawson, Atty., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Before ALDRICH and McENTEE, Circuit Judges, CAFFREY, District Judge.

ALDRICH, Senior Circuit Judge.

Subject to a procedural matter that the Commission claims, we believe incorrectly in this instance, raises a jurisdictional issue, the questions in this petition to review revolve upon the meaning and application of Rule 76.61(d) of the Federal Communications Commission (47 C.F.R. § 76.61(d)) which prescribes what signals may be carried by a major cable television system, hereafter CATV. The section reads, in presently material...

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