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POCKET PHONE BROADCAST SERVICE, INC. v. F.C.C.

Nos. 74-2040, 74-2041.

538 F.2d 447 (1976)

POCKET PHONE BROADCAST SERVICE, INC., and Radio Relay Corporation, Delaware, Appellants, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, New York Telephone Company and The National Association of Radiotelephone Systems, Intervenors. RADIO RELAY CORPORATION, OHIO, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, Cincinnati Bell, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 1976.

Attorney(s) appearing for the Case

Robert A. Woods, Washington, D. C., with whom Louis Schwartz and Lawrence M. Miller, Washington, D. C., were on the brief for appellants.

C. Grey Pash, Jr., Washington, D. C., Counsel, F. C. C., with whom Ashton R. Hardy, Gen. Counsel and Joseph A. Marino, Associate Gen. Counsel, Washington, D. C., F. C. C., at the time the brief was filed, were on the brief for appellee.

Guy Miller Struve, New York City, with whom Lawrence E. Walsh and Paul R. Koepff, New York City, were on the brief for intervenor New York Telephone Co. in No. 74-2040, also argued for intervenor in No. 74-2041.

James R. Adams, Cincinnati, Ohio, was on the brief for intervenor in No. 74-2041. Michael F. Haverkamp, Cincinnati, Ohio, also entered an appearance for intervenor in No. 74-2041.

Before TAMM, MACKINNON and ROBB, Circuit Judges.

PER CURIAM:

These companion cases are appeals under 47 U.S.C. § 402(b), challenging orders of the Federal Communications Commission. In No. 74-2040 Pocket Phone Broadcast Service, Inc. and Radio Relay Corporation, Delaware, appeal from an order granting the application of New York Telephone Company to construct one-way radio paging facilities in the Buffalo, New York area. No. 74-2041 is an appeal by Radio Relay Corporation, Ohio, from an order entered in a separate...

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