ROGERS RADIO COMMUNICATION SERVICES v. F.C.C.

Nos. 77-1352, 77-1357.

593 F.2d 1225 (1978)

ROGERS RADIO COMMUNICATION SERVICES, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, American Telephone and Telegraph Co. & Illinois Bell Telephone Co., National Association of Radiotelephone Systems, Intervenors. TELOCATOR NETWORK OF AMERICA, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, AT&T Company and Illinois Bell Telephone Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 19, 1978.


Attorney(s) appearing for the Case

Kenneth E. Hardman, Washington, D. C., with whom Abe Fortas, Jeremiah Courtney, and Arthur Blooston, Washington, D. C., were on the brief, for appellants.

C. Gray Pash, Jr., Counsel, F. C. C., Washington, D. C., with whom Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., was on the brief, for appellee.

Charles Lister, Washington, D. C., with whom Alfred C. Partoll, William D. Goddard, and John W. Berresford, New York City, were on the brief, for intervenors American Tel. & Tel. and Illinois Bell Tel. Co.

Werner K. Hartenberger, Counsel, F. C. C., Washington, D. C., also entered an appearance for appellee.

Thomas R. Phillips, Chicago, Ill., also entered an appearance for intervenors, AT&T, et al.

Abe Fortas and Kenneth E. Hardman, Washington, D. C., also entered appearances for intervenor National Association of Radiotelephone Systems in No. 77-1352.

Before TAMM and MacKINNON, Circuit Judges, and HOWARD T. MARKEY, Chief Judge, United States Court of Customs & Patent Appeals.


Opinion for the court filed by TAMM, Circuit Judge.

TAMM, Circuit Judge:

In this case Rogers Radio Communication Services, Inc. (Rogers) and Telocator Network of America (TNA) appeal from a decision of the Federal Communications Commission (Commission) granting the application of Illinois Bell Telephone Company (IBT) for authority to construct and operate, with assistance from American Telephone and Telegraph Company...

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