ELECTRONIC INDUSTRIES ASS'N CONSUMER v. F. C. C.

No. 79-1197.

636 F.2d 689 (1980)

ELECTRONIC INDUSTRIES ASSOCIATION CONSUMER ELECTRONICS GROUP, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Council for UHF Broadcasting, Spanish International Communications Corp., Field Communications Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 17, 1980.

Rehearing Denied November 17, 1980.


Attorney(s) appearing for the Case

William K. Black, Washington, D. C., with whom J. Edward Day and Charles M. Carron, Washington, D. C., were on the brief, for petitioner.

Gregory M. Christopher, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., and John J. Powers, III, and Margaret G. Halpern, Attys., U. S. Dept. of Justice, Washington, D. C., were on the brief, for respondents.

Peter Tannenwald, Washington, D. C., with whom Cynthia L. Hathaway, Washington, D. C., was on the brief, for intervenor Council for UHF Broadcasting. Harry M. Plotkin and Theodore D. Frank, Washington, D. C., also entered appearances for intervenor Council for UHF Broadcasting.

James A. McKenna, Jr. and Norman P. Leventhal, Washington, D. C., were on the brief for intervenor Spanish International Communications Corp.

Lee M. Mitchell and Dennis W. Townley, Washington, D. C., were on the brief for intervenor Field Communications Corp.

Before TAMM, ROBB and WALD, Circuit Judges.


Opinion for the court filed by Circuit Judge TAMM.

Dissenting Opinion filed by Circuit Judge WALD.

TAMM, Circuit Judge:

Our technological capability is both boon and bane: it causes many of the social and environmental ills that now plague us, but we must depend with increasing frequency upon that same technology to solve these ever mounting problems. In this case, we explore the statutory limits on the use of regulatory power to induce a solution...

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