The COLBY-BATES-BOWDOIN EDUCATIONAL TELECASTING CORPORATION, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and The United States of America, Respondents,
Public Broadcasting Service, Intervenor.
PUBLIC BROADCASTING SERVICE, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and The United States of America, Respondents,
The Colby-Bates-Bowdoin Educational Telecasting Corporation, Intervenor.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Argued December 7, 1977.
Decided March 15, 1978.
Attorney(s) appearing for the Case
John L. Tierney, Washington, D.C., with whom Gerald J. Duffy, Washington, D.C., was on brief for The Colby-Bates-Bowdoin Educational Telecasting Corp.
Theodore D. Frank, Washington, D.C., with whom Harry M. Plotkin, Cynthia L. Hathaway, Arent, Fox, Kintner, Plotkin & Kahn, Norman M. Sinel and Elizabeth L. Shriver, Washington, D.C., were on brief, for Public Broadcasting Service.
Louis Schwartz, Robert A. Woods, Lawrence M. Miller and Schwartz & Woods, Washington, D.C., on brief for National Association of Educational Broadcasters, Mohawk-Hudson Council on Educational Television, Maryland Center for Public Broadcasting, St. Lawrence Valley Educational Television Council, Rochester Area Educational Television Association, Inc., and Western New York Educational Television Association, Inc., amici curiae.
Julian R. Rush, Jr., Atty., Springfield, Va., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, Gregory M. Christopher, Counsel, F.C.C., John Shenefield, Asst. Atty. Gen., John J. Powers, III and Daniel J. Conway, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.
Before ALDRICH and BOWNES, Circuit Judges, and MURRAY, District Judge.
United States Court of Appeals, First Circuit.
ALDRICH, Senior Circuit Judge.
An application to the Federal Communications Commission for two certificates of compliance by a local CATV company, Public Cable Company (Cable) of Portland, Maine, has now ripened into a battle to settle an important question affecting the educational television industry. The original objector, Colby-Bates-Bowdoin Educational Telecasting Corporation (Colby), has had its objection sustained, but it is discontented by the manner, and...
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