AM. BROADCASTING COMPANIES, INC. v. F. C. C.

No. 78-1968.

643 F.2d 818 (1980)

AMERICAN BROADCASTING COMPANIES, INC. and CBS Inc., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Midwestern Relay Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 1980.


Attorney(s) appearing for the Case

Joseph M. Kittner, Washington, D. C., with whom Edward P. Taptich, Norman P. Leventhal and Joseph DeFranco, Washington, D. C., were on brief, for petitioners.

C. Grey Pash, Jr., Washington, D. C., counsel, Federal Communications Commission with whom David J. Saylor, Deputy Gen. Counsel and Daniel M. Armstrong, Associate Gen. Counsel, Washington, D. C., were on brief, for respondents.

Jay E. Ricks, Washington, D. C., with whom William S. Reyner, Jr., and Steven A. Levy, Washington, D. C., were on brief, for intervenor.

Robert B. Nicholson and Michael Pugh, Attys., Dept. of Justice, Washington, D. C., entered appearances, for respondent, United States of America.

Before WRIGHT, Chief Judge, and McGOWAN and MIKVA, Circuit Judges.


Opinion for the Court filed by Circuit Judge McGOWAN.

McGOWAN, Circuit Judge:

When, despite a contractual agreement not to do so, intervenor Midwestern Relay Co. filed a revised tariff increasing its rates, two of its customers — petitioners ABC and CBS — urged the Federal Communications Commission to reject that tariff. The Commission declined, saying that, "in determining whether Midwestern's tariff revision is unlawful on its face we can give...

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