AMERICAN BROADCASTING COMPANIES, INC., et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Hughes Television Network, Inc. et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 16, 1980.
Decided October 9, 1980.
Attorney(s) appearing for the Case
Joseph M. Kittner, Washington, D. C., with whom Norman P. Leventhal, Joseph DeFranco and Howard Monderer, Washington, D. C., were on the brief, for petitioners.
Jules M. Perlberg, Chicago, Ill., with whom David J. Lewis, Washington, D. C., Alfred A. Green, New York City, and Edgar Mayfield, Bedminster, N. J., were on the brief, for intervenor AT&T.
Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., with whom David J. Saylor, Deputy Gen. Counsel, and Jack David Smith, Counsel, F. C. C., Washington, D. C., were on the brief, for respondents. Barry Grossman, William D. Caston and J. Mark Manner, Attys., U. S. Dept. of Justice, Washington, D. C., also entered appearances for respondent U. S.
Jay E. Ricks, Washington, D. C., with whom R. Clark Wadlow and Gardner F. Gillespie, Washington, D. C., were on the brief, for intervenors Hughes Television Network, Inc., et al.
J. Laurent Scharff, Washington, D. C., was on the brief for intervenor Ass'n of Independent Television Stations, Inc. Richard M. Singer and Jack N. Goodman, Washington, D. C., also entered appearances for intervenor Ass'n of Independent Television Stations, Inc.
Donald E. Ward, Washington, D. C., was on the brief for intervenor Robert Wold Co., Inc.
James F. Fitzpatrick, David H. Lloyd and Robert S. Thorpe, Washington, D. C., were on the brief for intervenor Commissioner of Baseball.
Warren C. Zwicky, Washington, D. C., was on the brief for intervenor Storer Broadcasting Co.
Phillip R. Hochberg, Washington, D. C., was on the brief for intervenor National Basketball Assn. Douglas M. Carnival, Washington, D. C., also entered an appearance for intervenor National Basketball Assn.
E. William Henry, Washington, D. C., and Lawrence P. Keller, Washington, D. C., were on the brief for intervenor Independent Television News Assn.
Harry M. Plotkin, George H. Shapiro, Gary M. Epstein, Cynthia L. Hathaway and Theodore D. Frank, Washington, D. C., were on the brief for intervenors Madison Square Garden Center, Inc., et al.
Before TAMM and WILKEY, Circuit Judges, and RONALD N. DAVIES, Senior District Judge for the District of North Dakota.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge TAMM.
Circuit Judge WILKEY concurs in the result.
TAMM, Circuit Judge:
The three television networks petition for review of a portion of a Federal Communications Commission order rejecting American Telephone and Telegraph Company's (AT&T) tariff filing for television broadcast service. Petitioners challenge the Commission's finding that AT&T's part- and full-time service categories are "like communication...
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