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GELLER v. F. C. C.

No. 77-1093.

610 F.2d 973 (1979)

Henry GELLER, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Broadcasting Companies, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 1979.

Attorney(s) appearing for the Case

Edward J. Kuhlmann, Washington, D.C., for petitioner.

Julian R. Rush, Jr., Counsel, Washington, D.C., with whom Werner K. Hartenberge, Gen. Counsel, and Daniel M. Armstrong, Asst. Gen. Counsel, Federal Communications Commission, and John H. Shenefield, Acting Asst. Atty. Gen., Barry M. Grossman, and Peter L. Delacruz, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondents.

James A. McKenna, Jr., Robert W. Coll and John J. Smith, Washington, D.C., entered appearances for intervenor American Broadcasting Companies, Inc.

Before WRIGHT, Chief Judge, and ROBINSON and WILKEY, Circuit Judges.

Opinion per curiam.

PER CURIAM:

The pivotal question before us is whether regulations of the Federal Communications Commission initially promulgated to facilitate the enactment of new copyright legislation can, once that purpose has been fully exploited, subsist without a fresh determination that they serve the public interest in some other manner. We answer that question in the negative.

I.

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