RCA GLOBAL COMMUNICATIONS, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, and
ITT World Communications Inc., TRT Telecommunications Corporation and Western Union International, Inc., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 3, 1976.
Decided July 27, 1977.
Opinion on Rehearing October 5, 1977.
Attorney(s) appearing for the Case
H. Richard Schumacher, New York City (Cahill, Gordon & Reindel, Miles M. Tepper, Robert T. Quinn, Jerome Sheinman, New York City, of counsel, Francis J. DeRosa, Charles M. Lehrhaupt of RCA Global Communications, Inc., New York City, of counsel), for petitioner.
Jack David Smith, Washington, D. C. (F. C. C., Werner K. Hartenberger, Gen. Counsel, Daniel M. Armstrong, Association Gen. Counsel, and U. S. Dept. of Justice, Washington, D. C., Donald I. Baker, Asst. Atty. Gen., Carl D. Lawson, Atty., James F. Ponsoldt, Atty., Washington, D. C., of counsel), for respondent.
Charles P. Sifton, New York City (LeBoeuf, Lamb, Leiby & MacRae, John S. Kinzey, Richard C. Cole, ITT World Communications Inc., New York City, Howard A. White, John A. Ligon, New York City, of counsel), for intervenor, ITT World Communications Inc.
E. Edward Bruce, Washington, D. C. (Covington & Burling, Mark D. Nozette, Washington, D. C., of counsel), for intervenor TRT Telecommunications Corp.
Alan Kolod, New York City (Stroock & Stroock & Lavan, Alvin K. Hellerstein, Henry J. Silberberg, New York City, of counsel, Western Union International, Inc., Robert E. Conn, Roger P. Newell, Washington, D. C., of counsel), for intervenor Western Union International Inc.
Before MOORE, FEINBERG and GURFEIN, Circuit Judges.
United States Court of Appeals, Second Circuit.
Opinion on Rehearing October 5, 1977. See 563 F.2d 1.
MOORE, Circuit Judge:
Petitioner, RCA Global Communications, Inc. ("RCA") by its petition seeks to review and set aside, in part, a "Report and Order and Notice of Proposed Rulemaking" issued on January 7, 1976 by the Federal Communications Commission (the "Commission" or "FCC") which, in substance, purported to strike down a formula (sometimes referred to as the "international...
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