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COMMUNICATIONS SATELLITE CORP. v. F. C. C.

No. 75-2193.

611 F.2d 883 (1977)

COMMUNICATIONS SATELLITE CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc., et al., the European Broadcasting Union, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 14, 1977.

Attorney(s) appearing for the Case

Lloyd N. Cutler, Washington, D. C., with whom J. Roger Wollenberg, Sally Katzen, Robert B. McCaw, Marianne K. Smythe, William H. Berman and Lawrence M. DeVore, Washington, D. C., were on the brief, for petitioner.

John E. Ingle, Counsel, F.C.C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., Barry M. Grossman and Michael Pugh, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Howard Monderer, Washington, D. C., was on the statement in lieu of brief, for intervenor NBC, Inc.

Joseph M. Kittner and Norman P. Leventhal, Washington, D. C., were on the statement in lieu of brief for intervenors American Broadcasting Companies, Inc., et al.

Joseph DeFranco, New York City, was on the statement in lieu of brief for intervenor CBS, Inc.

Robert D. Hadl, Washington, D. C., entered an appearance for intervenor The European Broadcasting Union.

Before Mr. Justice CLARK, of the Supreme Court of the United States, and MacKINNON and ROBB, Circuit Judges.

Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

The Communications Satellite Corporation (COMSAT) was created by the Communications Satellite Act of 1962, 76 Stat. 719, 47 U.S.C. §§ 701-744 (1970), for the purpose of developing a profitable commercial international telecommunications technology using earth satellites to relay signals. The corporation was not to "be an agency or establishment of the United States...

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