The PEOPLE OF the STATE OF CALIFORNIA and the Public Utilities Commission of the State of California, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents,
MCI Telecommunications Corp. et al., Southern Pacific Communications Co., Pacific Telephone and Telegraph Co., Computer and Business Equipment Manufacturers Association, Aeronautical Radio, Inc., Data Transmission Company, Remote Processing Services Section, Intervenors.
NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
MCI Telecommunications Corp. et al., Southern Pacific Communications Co., The Pacific Telephone & Telegraph Co., Computer and Business Equipment Manufacturers Ass'n, Aeronautical Radio, Inc., Remote Processing Services Section, Intervenors.
PACIFIC TELEPHONE AND TELEGRAPH COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Remote Processing Services Section, Southern Pacific Communications Company, Aeronautical Radio, Inc., MCI Telecommunications Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 19, 1976.
Decided June 20, 1977.
Certiorari Denied January 9, 1978.
Attorney(s) appearing for the Case
Rufus G. Thayer, Jr., San Francisco, Cal., with whom Richard D. Gravelle and J. Calvin Simpson, San Francisco, Cal., were on the brief for petitioners in No. 75-2060.
Stephen G. Kraskin, Deputy Asst. Gen. Counsel, Nat. Ass'n of Regulatory Utility Commissioners, Washington, D. C., for petitioner in No. 75-2104.
Donald K. King, Little Rock, Ark., for petitioner in No. 75-2157. James A. DeBois, Robert V. R. Dalenberg, San Francisco, Cal., and William B. Rowland, Washington, D. C., were on the brief for petitioner in No. 75-2557.
C. Grey Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy and Daniel M. Armstrong, Associate Gen. Counsels, F. C. C., and Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., were on the brief for respondents. John E. Ingle, Counsel, F. C. C., Washington, D. C., also entered an appearance for respondent, F. C. C.
Herbert E. Forrest, Washington, D. C., with whom Thormund A. Miller, San Francisco, Cal., was on the brief for intervenor, Southern Pacific Communications Co. James M. Tobin, San Francisco, Cal., also entered an appearance for intervenor, Southern Pacific Communications Co.
Michael H. Bader, Kenneth A. Cox and William J. Byrnes, Washington, D. C., were on the brief for intervenors, MCI Telecommunications Corp. and Microwave Communications, Inc.
Herbert E. Marks and James E. Magee, Washington, D. C., were on the brief for intervenor, Remote Processing Services Section of the Ass'n of Data Processing Serv. Organizations, Inc.
Charles R. Cutler, John L. Bartlett and John B. Wyss, Washington, D. C., were on the brief for intervenor, Aeronautical Radio, Inc.
Edward P. Taptich and Virginia S. Carson, Washington, D. C., entered appearances for intervenor, Computer and Business Equipment Manufacturers Ass'n in Nos. 75-2060 and 75-2104.
Kevin H. Cassidy and John M. Scorce, Vienna, Va., entered appearances for intervenor, Data Transmission Co. in No. 75-2060.
Before BAZELON, Chief Judge, and TAMM and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Certiorari Denied January 9, 1978. See 98 S.Ct. 721, 722.
Opinion Per Curiam.
Dissenting Opinion filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.
PER CURIAM:
The only substantial issue raised on appeal is whether the Commission possesses statutory authority to regulate the facilities in question. As the Commission recognized, the Communications Act grants the Commission broad powers over interstate communications, 47 U.S.C. § 151,...
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